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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/ordinances99balt 



I 



Ordinances and Resolutions 



OF THE 



Mayor and City Council 



OF Baltimore 



Passed at the Annual Session 1998-1999 




Published by 

Baltimore City Department of Legislative Reference 

Avery Aisenstaric, Director 
Nancy Boyd Ray, Legislative Editor 



Volume 1 



Mayor and City Council of B altmore 
Department of Legislative Reference 



Copyright © 2001 

The Mayor and City Council of Baltimore 
Department of Legislative Reference 



Explanation of symbqlogy 

Capitals indicate matter added to existing law. 
[Brackets] indicate matter deleted from existing law. 
Underlining indicates matter added to the bill by amendment. 
Strik e out indicates matter stricken from the bill 

by amendment or deleted from existing law by amendment. 
Underlined italics indicate matter added to the bill by 

amendment after printing for third reading. 



Ordinances 

Passed at the Annual Session 

1998-1999 

City of Baltimore 
Ordinance 98-370 
Council Bill 98-796 

An Ordinance Concerning 

Animal Disturbing the Peace — Repeal Sunset Provision 

For the purpose of repealing the sunset provision of Ordinance 95-657 
("Animal Disturbing the Peace") ; and providing for a special effective 
date . 

By repealing 

Article 1 1 - Health 

Section(s) 40(i) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 40 — Health 

Subtitle — Animal Control 

§ 40. Animal disturbing the peace. 

[(i) Termination of section. 

The provisions of this section enacted by Ordinance 657, 
1995 (City Council Bill 1 177), shall be of no effect after 
December 31, 1998.] 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 



Ord. 98-37 1 1 998- 1 999 SESSION 



Section 3. And be it further ordained. That this Ordinance takes 
effect on the 3Qth day aft e r th e date it is enacted. 

Approved December 15, 1998 

Kurt L. Schmoke, Mayor 



City of Baltiiviore 
Ordinance 98-371 
Council Bill 97-546 

An Ordinance Concerning 

Franchise — Hopkins Place Hotel 

For the purpose of granting a franchise to Hopkins Place Hotel Limited 
Partnership to construct, use, and maintain thr ee two identification 
signj. stf^^ an electrical conduit at th e Days Inn Hot e l , and an area for 
landscaping, a wall and fence, and pedestrian and vehicular ingress, 
egress, and parking, located at the 200 block of Hopkins Place, subject 
to certain terms, conditions, and reservations; and providing for a 
special effective date. 

By authority of 

Article Vni - Franchises 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore. That permission and authority are hereby granted to Hopkins 
Place Hotel Limited Partnership, its tenants, successors, and assigns, 
hereinafter referred to as the ''Grantee" to construct, use, and maintain, at its 
own cost and expense, for a period not to exceed twenty-five (25) years, (i) 
thr ee (3) two (2) identification signs, aft4 (ii) an electrical conduit , and (iii) 
an area for landscaping, a wall and fence, and pedestrian and vehicular 
ingress, egress, and parking, all at the following locations in the vicinity of 
the structure commonly known as the Days Inn Hotel located in the 200 
block of Hopkins Place. Baltimore City, Maryland: 

(a) an electrical identification sign approximately seven feet nin e 
i nch es (7' 9 ^") five feet, eight and one-half inches (5' 8V^2") in height and 
thr ee f ee t one and on e half inch es (3' 1 Vi^) six feet, six inches (6'6") in 
width to be located on the west side of Hopkins Place approximately 



I 



1 998- 1 999 Session Ord. 98-37 1 



twenty-one feet (21') from the center of Hopkins Place and approximately 
one hundred seventy feet (170') from the southwest comer of Lombard 
Street and Hopkins Place, which sign will face north; 

(b) an e lectrical id e ntification sign which is approximately on e foot 
e ight and five eights inch e s (!' 8 5/8") in h e ight at its highest point and 
throe feet one and one half inches (3' 1 Vi') in width to be located on the 
w e st side of Hopkins Place approximately twenty two f e et (22') from the 
center of Hopkins Place and approximately one hundr e d seventy eight feet 
(178') from th e southwest comer of Lombard Str e et and Hopkins Place, 
which sign will face north; 

(e) (b) «% a two-sided electrical identification sign which is 
approximately sixteen feet and four inches (16' ^") in height and eight feet 
four and on e fourth inches (8' i 1/^") eight feet (8') in height and eight 
feet (8') in width to be located on the north side of Pratt Street 
approximately twenty- five feet (25') from the center of Pratt Street and 
approximately thirty feet (30') from the northwest comer of Hopkins Place 
and Pratt Street, which sign will face east and west; 

(4) (c) an encased electrical conduit with a diameter of approximately 
four inches (4") installed below grade beginning on Pratt Street at a point 
which is approximately twenty-five feet (25') from the center of Pratt Street 
and thirty feet (30') from the northwest comer of Pratt Street and Hopkins 
Place, and running north along the west side of Hopkins Place for 
approximately two hundred and fifty feet (250') and ending at 
approximately one hundred seventy feet (170') from the southwest comer of 
Lombard Street and Hopkins Place r; and 

(d) an area containing 961 square feet or 0.022 acres of land, more or 
less, beginning for the same at a point situated along the westerly right-of- 
way line of Hopkins Place being of a variable width, and being southerly 
179.45 feet from the south right-of-way line of West Lombard Street, said 
point having a coordinate value of South 3822.41, West 610.29 as shown on 
the Final Subdivision of Lot 3 of the Inner Harbor West Urban Renewal 
Project as recorded among the Land Records of Baltimore City in Plat Book 
2890; (1) thence mnning with and binding on said westerly right-of-way of 
Hopkins Place and the easterly boundary line of Lot 3D as shown on said 
plat, with a curve to the left having a radius of 467.17 feet, an arc of 104.26 
feet and being subtended by a chord bearing and distance of North 09 
degrees 51 minutes and 33 seconds East 104.05 feet to a point that 
intersects the back edge of a 6.00 foot concrete sidewalk; (2) thence leaving 
said right-of-way and boundary line and running with and binding on said 



Ord. 98-371 1 998- 1 999 SESSION 



back edge of concrete sidewalk. South 03 degrees 34 minutes 07 seconds 
east 83.01 feet to a point; (3) thence leaving said back edge of concrete 
sidewalk, with a curve to the right, having a radius of 18.93 feet, an arc of 
35.()4 feet and being subtended by a chord bearing and distance of South 49 
degrees 27 minutes 15 seconds West 30.25 feet to the point of beginning. 
for the construction and maintenance of a landscaped area, a wall and fence, 
pedestrian and vehicular ingress, egress and parkmg. 

Section 2. And be it further ordained. That to become effective, 
the franchise or right granted by this Ordinance (the "Franchise") must be 
executed and enjoyed by the Grantee within 6 months after the effective 
date of this Ordinance. 

Section 3. And be it further ordained. That as compensation for 
the Franchise, the Grantee shall pay to the Mayor and City Council of 
Baltimore a franchise charge of $ 2.416.13 a year, subject to increase or 
decrease as provided in Section 5 of this Ordinance. The franchise charge 
must be paid annually, at least 30 days before the initial and each renewal 
term of the Franchise. 

Section 4. And be it further ordained. That: 

(a) The initial term of the Franchise is 1 year, commencing on the 
effective date of this Ordinance. Unless sooner terminated as provided in 
this Ordinance, the Franchise will automatically renew, without any action 
by either the Mayor and City Council of Baltimore or the Grantee, for 24 
consecutive 1-year renewal terms. Except as otherwise provided in this 
Ordinance, each renewal term will be on the same terms and conditions as 
the initial term. The maximum duration for which the Franchise may 
operate, including the initial and all renewal terms, is 25 years. 

(b) Either the Mayor and City Council of Baltimore, acting by and 
through the Director of Public Works, or the Grantee may cancel the 
Franchise as at the end of the initial or any renewal term by giving written 
notice of cancellation to the other at least 90 days before the end of that 
term. 

Section 5. And be it further ordained. That the Mayor and City 
Council of Baltimore, acting by and through the Board of Estimates, may 
increase or decrease the annual franchise charge by giving written notice of 
the increase or decrease to the Grantee at least 150 days before the end of 
the original or renewal term immediately preceding the renewal term to 
which the increase or decrease will first apply. The new franchise charge 



1 998- 1 999 Session Ord. 98-371 



will apply to all subsequent annual renewal terms, unless again increased or 
decreased in accordance with this section. 

Section 6. And be it Further ordained , That the Mayor and City 
Council of Baltimore expressly reserves the right at all times to exercise, in 
the interest of the public, full municipal superintendence, regulation, and 
control over and in respect to all matters connected with the Franchise and 
not inconsistent with the terms of this Ordinance. 

Section 7. And be it further ordained, That the Grantee, at its 
own cost and expense, shall maintain in good condition and in compliance 
with all applicable laws and regulations of Baltimore City, all structures for 
which the Franchise is granted. The maintenance of these structures shall 
be at all times subject to the regulation and control of the Commissioner of 
Housing and Community Development and the Director of Public Works. If 
any structure for which the Franchise is granted must be readjusted, 
relocated, protected, or supported to accommodate a public improvement, 
the Grantee shall pay all costs and expenses in connection with the 
readjustment, relocation, protection, or support. 

Section 8. And be it further ordained, That at the option of the 
Mayor and City Council of Baltimore, acting by and through the Director of 
Public Works, the Grantee's failure to comply with any term or condition of 
this Ordinance constitutes a forfeiture of the Franchise. Immediately on 
written notice to the Grantee of the exercise of this option, the Franchise 
terminates. Once so terminated, only an ordinance of the Mayor and City 
Council of Baltimore may waive the forfeiture or otherwise reinstate the 
Franchise. 

Section 9. And be it further ordained. That at any time and 
without prior notice, the Mayor of Baltimore City may revoke the Franchise 
if, in the Mayor's judgment, the public interest, welfare, safety, or 
convenience so requires. Immediately on written notice to the Grantee of 
the exercise of this right, the Franchise terminates. 

Section 10. And be it further ordained, That on cancellation, 
expiration, forfeiture, revocation, or other termination of the Franchise for 
any reason, the Grantee shall remove all structures for which the Franchise 
is granted. The removal of these structures shall be (i) undertaken at the 
cost and expense of the Grantee, without any compensation from the Mayor 
and City Council of Baltimore, (ii) made in a manner satisfactory to the 



Ord. 98-372 1 998- 1 999 SESSION 



Commissioner of Housing and Community Development and the Director 
of Public Works, and (iii) completed within the time specified in writing by 
the Director of Public Works. 

Section 11. And be it further ordained. That the Grantee is liable 
for and shall indemnify and save harmless the Mayor and City Council of 
Baltimore against all suits, losses, costs, claims, damages, or expenses to 
which the Mayor and City Council of Baltimore is at any time subjected on 
account of, or in any way resulting from, (i) the presence, construction, use, 
operation, maintenance, alteration, repair, location, relocation, or removal of 
any of the structures for which the Franchise is granted, or (ii) any failure of 
the Grantee, its officers, employees, or agents, to perform promptly and 
properly any duty or obligation imposed on the Grantee by this Ordinance. 

Section 12. And be it be further ordained. That this Ordinance 
takes effect on the date it is enacted. 

Approved December 21, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-372 
Council Bill 98-782 

An Ordinance Concerning 

Zoning — Planned Unit Development — 
Cold Spring Lane, Callaway, Dolfield, and Belle Avenues 

For the purpose of amending Ordinance 75-1008, as amended by 

Ordinance 97-187, which designated as a Residential Planned Unit 
Development the property located south of Coldspring Lane, east of 
Callaway Avenue, west of Dolfield Avenue, and north of Belle Avenue, 
to authorize the establishment, maintenance, and operation of a 
food/grocery store. 

By repealing and reordaining, with amendments 

Ordinance 75-1008, as amended by Ordinance 97-187 
Section 4 

By authority of 

Article 30 - Zoning 



998- 1 999 Session Ord. 98-372 



Section(s) 12.0-1 and 12.0-2 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

By Ordinance 75-1008, as amended by Ordinance 97-187, the Mayor 
and City Council approved the designation as a Residential Planned 
Development the property located south of Coldspring Lane, east of 
Callaway Avenue, west of Dolfield Avenue, and north of Belle Avenue. 

ALDI Inc. wishes to amend Ordinance 75-1008, as amended by 
Ordinance 97-187, to authorize the establishment, maintenance, and 
operation of a food/grocery store. 

On May 29, 1998, representatives of the applicant met with the 
Department of Planning for a pre-petition conference to explain the scope 
and nature of the requested use. 

The representatives of ALDI Inc. have formally applied to the 
Baltimore City Council, and have submitted the requisite amendments to 
the Development Plan intended to satisfy the requirements specified in 
Article 30, §§ 12.0-1 and 12.0-2 of the Baltimore City Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section 4 of Ordinance 75-1008, as amended by 
Ordinance 97-187, which designated as a Residential Planned Unit 
Development the property located south of Coldspring Lane, east of 
Callaway Avenue, west of Dolfield Avenue, and north of Belle Avenue, is 
amended to read as follows: 

Section 4. And be it further ordained. That permission 
is granted for the establishment, maintenance, and operation of a 
[drive-in pharmacy] FOOD/GROCERY STORE on the northeast side of 
Callaway Avenue south of Cold Spring Lane, as outlined in red on 
the accompanying plat dated [April 18, 1997] May 29, 1998, in 
accordance with Article 30 §§ 12.0-1 and 12.0-2 of the Baltimore 
City Code, subject to the following conditions: 

(1) any changes to the site plan, landscape plan elevations, and 
signage must receive ^meA approval from the Planning 
Commission; 



Ord. 98-372 1 998- 1 999 Session 



(2) all commercial uses on the site (within the Planned Unit 
Development ) . OUTLINED IN RED ON THE Conceptual Site 
Plan and on the Conceptual Landscaping Plan, must 
comply with the parking requirements of the Zoning 
Ordmance; and 

(3) the [drive-in pharmacy] STORE must comply with all applicable 
federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained. That the amendments to 
the Development Plan , consisting of Conceptual Site Plan (Sheet 1. dated 
November 12. 1998). Conceptual Landscaping Plan (Sheet 2. dated 
November 12. 1998). and Exterior Elevations, dated July 23. 1998. 
submitted by the applicant, as attached to and made part of this Ordinance, 
are approved. 

Section 3. And be it further ordained, That all plans for 
construction of permanent improvements on the property must be reviewed 
by the Planning Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 

Section 4. And be it further ordained. That the Planning 
Department makes the determination as to what constitutes a minor or 
major amendment or modification to the Plan. Any changes determined to 
be minor require approval by the Planning Commission. Major 
amendments require approval by City Council. 

Section 5. And be it further ordained. That as evidence of the 
authenticity of the accompanying plat and amended Development Plan and 
in order to give notice to the agencies that administer the City Zoning 
Ordinance: (i) when the City Council passes this Ordinance, the President 
of the City Council shall sign the plat and amended Development Plan; (ii) 
when the Mayor approves this Ordinance, the Mayor shall sign the plat and 
amended Development Plan; and (iii) the Director of Finance then shall 
transmit a copy of this Ordinance, the plat, and the amended Development 
Plan to the Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of Housing and Community Development, 
the Supervisor of Assessments for Baltimore City, and the Zoning 
Administrator. 

Section 6. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



1 998- 1 999 Session Ord. 98-373 



Approved December 21, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-373 
Council Bill 98-785 

An Ordinance Concerning 



Zoning — Planned Unit Development — 

Baltimore Association for Retarded Citizens, Inc. (BARC) — 

6151 Metro Drive 

For the purpose of approving the application of the Baltimore Association 
for Retarded Citizens, Inc. (BARC) to designate the property known as 
6151 Metro Drive, in the Seton Business Park, consisting of 8.5 acres, 
more or less, as an Industrial Planned Development; and approving the 
Development Plan submitted by the applicant. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1, 12.0-2, and 12.0-5 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

Baltimore Association for Retarded Citizens, Inc. (BARC) has entered 
into a purchase agreement with the Baltimore Development Corporation, 
the designated manager of the City's Seton Business Park, for an 8.5 acre 
parcel at 6151 Metro Drive in the Seton Business Park. 

Baltimore Association for Retarded Citizens, Inc. (BARC) seeks to 
estabUsh a new Baltimore employment center on the property, which will 
require the outdoor storage of landscape material and equipment. 

On June 12, 1998, representatives of Baltimore Association for 
Retarded Citizens, Inc. (BARC) met with the Department of Planning for a 
pre-petition conference to explain the scope and nature of existing and 
proposed development on the property in order to institute proceedings to 
have the property designated an Industrial Planned Development. 



Ord. 98-373 1 998- 1 999 Session 



The representatives of Baltimore Association for Retarded Citizens, Inc. 
(BARC), with the concurrence of the Baltimore Development Corporation, 
have formally applied to the Baltimore City Council for designation of the 
property as an Industrial Planned Development, and have submitted the 
requisite Development Plan intended to satisfy the requirements specified in 
Article 30, §§ 12.0-1, 12.0-2, and 12.0-5 of the Baltimore City Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the application of 
Baltimore Association for Retarded Citizens, Inc. (BARC) to have the 
property located in Baltimore City at 6151 Metro Drive, consisting of 8.5 
acres, more or less, as outlined on the accompanying Development Plan, 
dated June 12, 1998, designated an Industrial Planned Development under 
Article 30. §§ 12.0-1, 12.0-2, and 12.0-5 of the Baltimore City Code. 

Section 2. And be it further ordained. That the Development 
Plan submitted by Baltimore Association for Retarded Citizens, Inc. 
(BARC). including Existing Conditions, dated Jun e 12, 199 8 , and Propos e d 
D e v e lopm e nt, dat e d Jun e 12, 1998, is approved. November 23, 1998, 
Proposed Conditions, dated November 23, 1998. Schematic Landscape 
Plan, dated November 23, 1998. Schematic Architectural Plans, dated 
November 23, 1998, and Grading Plan, dated October 13, 1998, is 
approved . 

Section 3. And be it further ordained. That outdoor storage of 
landscaping materials, supplies, and equipment, as indicated on the 
Development Plan, is specifically approved. 

Section 4. And be it further ordained. That BARC shall install a 
landscape screen buffer along the propertv line of the adjoining .96 acre 
MTA parcel, at least 10 feet in width, from the intersection of Patterson 
Avenue and the MTA Access Road southeasterly to the end of the propertv 
line. 

Section 4 5. And be it further ordained. That all plans for 
construction of permanent improvements on the property must be reviewed 
by the Plannmg Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 

Section^ 6. And be it further ordained. That the Planning 
Department makes the determination as to what constitutes a minor or 
major amendment or modification to the Plan. Any changes determined to 



10 



1 998- 1 999 Session Ord. 98-374 



be minor require approval by the Planning Commission. Major 
amendments require approval by City Council. 

Section ^ 7. And be it further ordained, That as evidence of the 
authenticity of the accompanying Development Plan and in order to give 
notice to the agencies that administer the City Zoning Ordinance: (i) when 
the City Council passes this Ordinance, the President of the City Council 
shall sign the Development Plan; (ii) when the Mayor approves this 
Ordinance, the Mayor shall sign the Development Plan; and (iii) the 
Director of Finance then shall transmit a copy of this Ordinance and the 
Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 4 8. And be it further ordained. That this Ordinance 
takes effect on the 30th day after the date it is enacted. 

Approved December 2 1 , 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-374 
Council Bill 98-786 

An Ordinance Concerning 

Zoning — Planned Unit Development — 
Ruppert Landscape Company — 600^ 6020 Marian Drive 

For the purpose of approving the application of Ruppert Landscape 

Company to designate the property known as 6005 6020 Marian Drive, 
in the Seton Business Park, consisting of 47# 5.80 acres, more or less, as 
an Industrial Planned Development; and approving the Development 
Plan submitted by the applicant. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-5 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 



11 



Ord. 98-374 1 998- 1 999 SESSION 



Recitals 

Ruppert Landscape Company has entered into lease negotiations with 
the Baltimore Development Corporation, the designated manager of the 
Citys Seton Business Park, for a new Baltimore headquarters on a 47^ 5.80 
acre parcel at 600^ 6020 Marian Drive in the Seton Business Park. 

Ruppert Landscape Company wishes to operate a landscaping business 
on the property, which will require the outdoor storage of landscape 
matenal and equipment. 

On June 12, 1998, representatives of Baltimore Development 
Corporation and Ruppert Landscape Company met with the Department of 
Plannmg for a pre-petition conference to explain the scope and nature of 
existing and proposed development on the property in order to institute 
proceedings to have the property designated an Industrial Planned 
Development. 

The representatives of Ruppert Landscape Company, with the 
concurrence of the Baltimore Development Corporation, have formally 
applied to the Baltimore City Council for designation of the property as an 
Industrial Planned Development and have submitted the requisite 
Development Plan intended to satisfy the requirements specified in Article 
30, §§ 12.0-1 and 12.0-5 of the Baltimore City Code. 

Section I. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the application of 
Ruppert Landscape Company to have the property located in Baltimore City 
at 6005 6020 Marian Drive, consisting of 47^ 5.80 acres, more or less, as 
outlined on the accompanying Development Plan, dated June 12, 1998, 
designated an Industrial Planned Development under Article 30, §§ 12.0-1 
and 12.0-5 of the Baltimore City Code. 

Section 2. And be it fxrther ordained. That the Development 
Plan submitted by Ruppert Landscape Company, including Existing 
CondK i ons, dat e d Jun e 12, 199 8 , and Proposed Development, dated Jm^e 
12. 199 8 September 25, 1998, and Concept Landscape Plan, dated October 
2. 199H . is approved. 

Section 3. And be it further ordained. That outdoor storage of 
landscaping materials, supplies, and equipment, as indicated on the 
Development Plan, is specifically approved. 



12 



1 998- 1 999 Session Ord. 98-375 



Section 4. And be it further ordained. That all plans for 
construction of permanent improvements on the property must be reviewed 
by the Planning Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 

Section 5. And be it further ordained, That the Planning 
Department makes the determination as to what constitutes a minor or 
major amendment or modification to the Plan. Any changes determined to 
be minor require approval by the Planning Commission. Major 
amendments require approval by City Council. 

Section 5. And be it further ordained. That as evidence of the 
authenticity of the accompanying Development Plan and in order to give 
notice to the agencies that administer the City Zoning Ordinance: (i) when 
the City Council passes this Ordinance, the President of the City Council 
shall sign the Development Plan; (ii) when the Mayor approves this 
Ordinance, the Mayor shall sign the Development Plan; and (iii) the 
Director of Finance then shall transmit a copy of this Ordinance and the 
Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 6. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved December 21,1 998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-375 
Council Bill 98-788 

An Ordinance Concerning 



Urban Renewal — Reisterstown Plaza Transit Station — 
Amendment 5 

For the purpose of amending the Urban Renewal Plan for the Reisterstown 
Plaza Transit Station to allow a certain use in the land use area 
designated Industrial "A" and to conform certain language , create new 
disposition lots, eliminate a certain land use, provide certain standards 



13 



Ord. 98-375 1 998- 1 999 Session 



relatine to Planned Unit Developments (PUDs). correct certain 
references, and revise certain exhibits attached to the Plan to reflect 
changes in the Plan, current lot lines, and existing rights-of-way ; 
waiving certain content and procedural requirements; making the 
provisions of this Ordinance severable; providing for the application of 
this Ordinance in conjunction with certain other ordinances; and 
providing for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

The Urban Renewal Plan for the Reisterstown Plaza Transit Station was 
originally approved by the Mayor and City Council of Baltimore by 
Ordinance 81-392 and last amended by Ordinance 95-677. 

An amendment to the Urban Renewal Plan for the Reisterstown Plaza 
Transit Station is necessary to add certain provisions and make changes in 
Exhibits 1 through 4 in order to permit two landscaping businesses to locate 
in the Seton Business Park. Both businesses will require outdoor storage of 
landscaping material, equipment, and supplies, which is not currently 
permitted by the Renewal Plan. 

Under Article 13. § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for the 
Reisterstown Plaza Transit Station are approved: 

(1) On page 6 of the Plan, strike paragraph B.l.b. Residential "A" 
in its entirety, and on pages 6, 7, and 8 of the Plan, redesignate 
paragraphs "c.^', "d.", "e.^\ ^'f.'\ '\g.'\ ^^h.^', ^'i.'\ ^'i.^\ "k.^\ '1.'\ 
and "m.", respectively, to be paragraphs '^b.". '^c.'\ ^^d.". ''e.'\ 
"f.", "g.'\ "h.". ^'i.". "i.". ''k.'\and 'M.'\ respectively. 



14 



1 998- 1 999 Session Ord. 98-375 



{4^ (2) On page 8 of the Plan, amend newly-designated paragraph 
B.l .j-.i to read as follows: 

ji. Industrial ''A'' 

(1) In the areas designated Industrial "A" on the Land Use 
Plan, only those uses allowed in the M-1 category of the 
Zoning Ordinance of Baltimore City shall be permitted; 
except that the following uses shall not be permitted: 
accessory or non-accessory radio and television antennas 
when free-standing or when they extend higher than 25 feet 
above the building on which they are mounted, as well as 
the following public utility use: antenna towers and 
microwave relay towers and installations for 
communications transmission or receiving; atomic 
reactors; Community Correction Centers; contractor and 
construction shops; drug abuse rehabilitation and treatment 
centers; extraction of gravel, sand, or other raw materials; 
flammable liquids - manufacturing and storage - except as 
an accessory use as defined in Section 13.0-2 of the Zoning 
Ordinance of Baltimore City; gases, non-combustible and 
non-toxic - manufacturing and storage - except as an 
accessory use as defined in Section 13.0-2 of the Zoning 
Ordinance of Baltimore City; overhead power transmission 
lines; rubber products, manufactured or processed from 
previously prepared materials. 

(2) Notwithstanding the provisions of [the previous] sub- 
paragraph (1) OF THIS paragraph, at 5801 Metro Drive, a 
television receiving tower not exceeding 85 feet in height, 
including related telecommunications equipment (satellite 
dishes) shall be allowed as a conditional use, subject to 
approval by the Board of Municipal and Zoning Appeals. 
Said tower is an accessory use to an authorized business 
use in Seton Business Park and is for the exclusive use of 
United Cable Company (now known as TCI 
Communications). The tower shall be removed if it is no 
longer required for the operation of the business or in the 
event the business vacates the premises. 

(3) Notwithstanding the provisions of sub-paragraph ( 1 ) 
OF this paragraph, at 6005 6020 Marian Drive and 
6151 Metro Drive, landscaping contracting ofhces 



15 



Ord. 98-375 1 998- 1 999 Session 



WITH ACCESSORY OUTDOOR STORAGE OF LANDSCAPE 
MATERIALS, SUPPLIES, AND EQUIPMENT SHALL BE ALLOWED 
AS A USE UNDER A PLANNED UNIT DEVELOPMENT, IF 
APPROVED BY SEPARATE ORDINANCE. 

(3) On page 9 of the Plan, after newly-designated subparagraph 
B.l.l.(3), insert new subsection B.2. to read as follows: 

2. PLANNED Development 

Such other uses are permitted in certain portions of the 
Urban Renewal Area that are now or may later be 
subject to any planned development (^tud"), created 
pursuant to the zoning article of the baltimore city 
Code. 

and, on page 9 of the Plan, redesignate subsection B.2. to be 
subsection B.3. 

(4) On page 13 of the Plan, after newly-designated item B.3.a.(3)(l), 
insert new subparagraph B.3.a.(4) to read as follows: 

(4) Industrial Development: Disposition Lots 5 and 6 

The sPECinc lot area controls of the PUD shall control 
Lots 5 and 6. 

(5) On page 14 of the Plan, after newly-designated subparagraph 
B.3.b.(2), insert new paragraph B.3.C. to read as follows: 

c. PUD Standards and controls 

To THE extent there EXISTS ANY CONFLICT BETWEEN THE 

provisions of subsection B.3 of this renewal plan and 
the standards and controls of any pud. or there are 
standards and controls contained in any pud that are 
not contained in the renewal plan. the standards and 
controls of the pud shall be controlling. 

Section 2. And bf it fi rther ordained. That the Urban Renewal 
Plan for the Reisiersiown Plaza Transit Station Area, as amended by this 
Ordinance and identified as "Urban Renewal Plan, Reisterstown Plaza 
Transit Station, revised to include Amendment 5, dated June 15, 1998, and 



16 



I 



1 998- 1 999 Session Ord. 98-375 



further revised November 17, 1998 ", is approved. The Clerk of the City 
Council shall file a copy of the amended Urban Renewal Plan with the 
Department of Legislative Reference as a permanent public record, 
available for public inspection and information. 

Section 3. And be it further ordained. That Exhibit 1 , Land Use 
Plan, Exhibit 2. Property Acquisition, Exhibit 3, Land Disposition, and 
Exhibit 4, Zoning Districts, all dated November 17, 1998, as revised to 
show changes in the Plan, current lot lines, and existing rights-of-way, are 
approved. 

Section-^ 4. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 4 5. And be it further ordained. That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section & 6. And be it further ordained. That if a provision of 
this Ordinance concerns the same subject as a provision of any zoning, 
building, electrical, plumbing, health, fire, or safety law or regulation, the 
applicable provisions shall be construed to give effect to each. However, if 
the provisions are found to be in irreconcilable conflict, the one that 
establishes the higher standard for the protection of the public health and 
safety prevails. If a provision of this Ordinance is found to be in conflict 
with an existing provision of any other law or regulation that establishes a 
lower standard for the protection of the public health and safety, the 
provision of this Ordinance prevails and the other conflicting provision is 
repealed to the extent of the conflict. 

Section-6 7. And be it further ordained. That this Ordinance 
takes effect on the date it is enacted. 

Approved December 21, 1998 

Kurt L. Schmoke, Mayor 



17 



Ord. 98-376 1 998- 1 999 SESSION 



City of Baltimore 
Ordinance 98-376 
Council Bill 98-799 

An Ordinance Concerning 

Zoning — Health-Care Facilities — 

Conditional Use Non-Profit Home for the Rehabilitation of 

Non-bedridden Alcoholic Persons and for the Care and Custody 

of Homeless Persons — 949, 953, 955, and 957 Gorsuch Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a non-profit home for the 
rehabilitation of non-bedridden alcoholic persons and for the care and 
custody of homeless persons on the properties known as 949, 953, 955, 
and 957 Gorsuch Avenue, as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Seclion(s)4.7-ld-3 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

and 
Article 12 - Hospitals 
Section 1 

Baltimore City Code 
{ 1 983 Replacement Volume and Supplements) 

Section 1 . Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a non-profit home for the rehabilitation of 
non-bedndden alcoholic persons and for the care and custody of homeless 
persons on the properties known as 949, 953, 955, and 957 Gorsuch 
Avenue, as outlined in red on the plat accompanying this Ordinance, in 
accordance with Article 30. §§ 4.7-ld-3 and 1 1.0-6d and Article 12 § 1 of 
the Baltimore City Code, subject to the condition that following conditions: 

1 . the home is limited to a maximum of 30 single rooming units and 
5 apartment units; and 

2^ the home compli e r . must comply with all applicable federal, state, 
and local licensing and certification requirements. 



18 



1 998- 1 999 Session Ord. 98-377 



Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved December 21,1 998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-377 
Council Bill 98-801 

An Ordinance Concerning 

Planned Unit Development — Amendment — 
The Jenkins Memorial, Incorporated 

For the purpose of approving certain amendments to the Development Plan 
of the Jenkins Memorial, Incorporated, Planned Unit Development. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-2 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

By Ordinance 91-759, as amended by Ordinance 95-669, the Mayor and 
City Council approved the application of the Jenkins Memorial, 
Incorporated, to have certain property lying west of Caton Avenue and north 
of Benson Avenue, consisting of 25.817 acres, more or less, designated as a 



19 



Ord. 98-377 1 998- 1 999 Session 



Planned Unit Development and approved the Development Plan submitted 
by the applicant. 

Catholic Charities SeniorLife Services wishes to amend Ordinance 91- 
759, as amended by Ordinance 95-669, to increase the total number of units 
for the proposed assisted living facility from 30 to 60. 

On August 13, 1998, representatives of Catholic Charities SeniorLife 
Services met with the Department of Planning for a preliminary conference 
to explain the scope and nature of the proposed amendments to the 
Development Plan. 

The representatives of Catholic Charities SeniorLife Services have 
applied to the Baltimore City Council for approval of these amendments, 
and they have submitted amended Elevation Drawings intended to satisfy 
the requirements of Article 30, §§ 12.0-1 and 12.0-2 of the Baltimore City 
Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That a new Section 4 is added to Ordinance 91-759, as 
amended by Ordinance 95-669, to read as follows: 

Section 4. And be it further ordained, That the number 
of units in the proposed assisted living facility ("senior 
apartment") is changed from 30 units to 60 units, and that 
THE Proposed Conditions Plan, dated March 19, 1991 , and 

ATTACHED TO ORDINANCE 9 1 -759, MAY BE AMENDED TO REFLECT 
THIS CHANGE. 

Section 2. And be it further ordained. That Sections 4 through 7 
of Ordinance 91-759, as amended by Ordinance 95-669, are renumbered to 
be Sections 5 through 8. 

Section 3. And be it further ordaeved, That the Mayor and City 
Council approves the amended Elevation Drawings dated September 25, 
1998, submitted by the Developer, as attached to and made part of this 
Ordinance. 

Section 4. And be it further ordained. That all plans for the 
construction of permanent improvements on the property must be reviewed 
by the Plannmg Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 



20 



1 998- 1 999 Session Ord. 98-378 



Section 5. And be it further ordained, That the Planning 
Department may determine what constitutes minor or major modifications 
to the Plan. Minor modifications require approval by the Planning 
Commission. Major modifications require approval by Ordinance. 

Section 6. And be it further ordained, That as evidence of the 
authenticity of the accompanying amended Elevation Drawings and in order 
to give notice to the agencies that administer the City Zoning Ordinance: (i) 
when the City Council passes this Ordinance, the President of the City 
Council shall sign the amended Elevation Drawings; (ii) when the Mayor 
approves this Ordinance, the Mayor shall sign the amended Elevation 
Drawings; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the amended Elevation Drawings to the Board of Municipal 
and Zoning Appeals, the Planning Commission, the Commissioner of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

Section 7. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved December 21, 1998 



Kurt L. ScHxMOKE, Mayor 



I 



City of Baltimore 
Ordinance 98-378 
Council Bill 98-817 

An Ordinance Concerning 

Sale of Property — 2801 Sisson Street 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located at 2801 Sisson Street and no longer needed for public use; and 
providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 



21 



Ord. 98-379 1 998- 1 999 SESSION 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in the property located at 2801 
Sisson Street, Baltimore, Maryland, and more particularly described as 
follows: 

The subject parcel, Block 3643, Lot 001, is basically 
rectangular in shape. Frontage along Sisson Street is 
100.5± feet with frontage along West 28'^ Street being 230 
feet. The rear property line measures 100 feet and the 
northern property line 240.33± feet, 

containing 15,070 square feet, more or less, or 0.540 acre of land, more or 
less, this property being no longer needed for public use. 

Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 21, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-379 
Council Bill 98-818 

An Ordinance Concerning 

Sale of Property — Graham Memorial Park 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
containmg 182.43 acres, more or less, and located in the Eleventh 
District of Baltimore County. Maryland, known as Graham Menorial 
Park, and no longer needed for public use; and providing for a special 
effective date. 



22 



1 998- 1 999 Session Ord. 98-380 



By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in the property containing 
182.43 acres, more or less, and located in the Eleventh District of Baltimore 
County, Maryland and more particularly described as follows: 

182.43 acre parcel of land located in the Eleventh District 
of Baltimore County, Maryland, on the east side of Harford 
Road, approximately 650 feet north of North Wind Road, 
being more particularly described as having two Baltimore 
County Tax ID Numbers: 1 1 13020876 and 1 1 13020875. 

This property being no longer needed for public use. 

Section 2. And be it further ordained. That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved December 21, 1998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-380 
Council Bill 98-827 

An Ordinance Concerning 

Hate Crimes 



For the purpose of prohibiting a person from vandalizing, harassing, or 
committing a crime upon a person or damaging a person's property 
because of that person's race, color, religious beliefs, national origin, or 

23 



Ord. 98-380 1 998- 1 999 Session 



sexual orientation; establishing certain penalties; and generally relating 
to "Hate Crimes". 

B^ adding 

Article 19 - Police Ordinances 
Section(s) 252 through 255, inclusive, 

to be under the new subtitle ''Hate Crimes" 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and Cm Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 - Police Ordinances 

Subtitle - Hate Crimes 

§ 252. Purpose of subtitle. 

(A) ( 1 ) The Baltimore City Police Department keeps records on 
incidents of criminal acts directed against individuals or groups 
because of the victim's race, color, religious beliefs, sexual 

orientation, or national ORIGIN. THESE RECORDS SHOW A PARTICULAR 
INCREASE IN CRIMINAL ACTS DIRECTED AGAINST THOSE WHO PRACTICE OR 
ESPOUSE HOMOSEXUALITY. 

(2) INVESTIGATIONS OF INCIDENTS OF VANDALISM, HARASSMENT, 
THREATS, PHYSICAL HARM, AND THE PROBABLE MURDER OF HOMOSEXUALS 
HAVE INCREASED DRAMATICALLY IN THE PAST 5 YEARS. THE NATIONAL 
MEDIA REPORT A REMARKABLE INCREASE IN CRIMES COMMITTED AGAINST 
HOMOSEXUALS AND. IN PARTICULAR, THE GRISLY MURDER IN OCTOBER 1998 
OF A GAY COLLEGE STUDENT IN WYOMING. 

(B)(1) ARTICLE 27, § 470A OF THE MARYLAND CODE, UNDER THE 

SUBTITLE "Religious and Ethnic Crimes", commonly described as the 

"HATE crimes LAW", PROHIBITS A PERSON FROM DAMAGING THE PROPERTY 
OF OR COMMITTING CRIMES AGAINST A PERSON BECAUSE OF THAT PERSON'S 
RACE, COLOR, RELIGIOUS BELIEFS, OR NATIONAL ORIGIN. THAT LAW DOES 
NOT INCLUDE SEXUAL ORIENTATION AS A PROTECTED CLASS. 



24 



1 998- 1 999 Session Ord. 98-380 



(2) This subtitle adopts the State's "Religious and Ethnic 
Crimes" subtitle and adds sexual orientation as a protected class 
of people who will benefit from the "hate crimes law". 

§ 253. DEFiNmoNS. 

(A) In this SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS 
INDICATED, UNLESS THEIR CONTEXT CLEARLY INDICATES OTHERWISE. 

(B) "Institution" means a publicly or privately owned, leased, 

OR USED building, INCLUDING: 

(1) A school; 

(2) A library; 

(3) A RECREATION CENTER; 

(4) A MEETING hall; OR 

(5) A CEMETERY. 

(c) "Person" means an individual, corporation, partnership, 
personal representative, agent, joint venture, or any other public 

or private ENTITY. 

(D) "Property" means real and personal property and includes 

THE LOT, GROUNDS, AND PREMISES CONTIGUOUS WITH OR ADJACENT TO REAL 
OR PERSONAL PROPERTY. 

(E) "RELIGIOUS REAL PROPERTY" INCLUDES: 

( 1 ) A CHURCH, SYNAGOGUE, MEETING HOUSE, MOSQUE, OR OTHER 
PLACE OF WORSHIP; 

(2) A CEMETERY; 

(3) A RELIGIOUS SCHOOL, EDUCATIONAL FACILITY, COMMUNITY 
CENTER, STRUCTURE, OR OTHER REAL PROPERTY USED FOR ANY RELIGIOUS 
PURPOSE; AND 



25 



Ord. 98-380 1 998- 1 999 SESSION 



(4) THE LOT, PREMISES, AND GROUNDS CONTIGUOUS WITH OR 
ADJACENT TO THE PROPERTY DESCRIBED IN PARAGRAPHS ( 1 ) THROUGH (3) OF 
THIS SUBSECTION. 

(F) ''Vandalize" means to deface, damage, destroy, or attempt 
TO deface, damage, or destroy real or personal property. 

§ 254. Prohibited conduct. 

A person may not: 

( 1 ) VANDALIZE RELIGIOUS PROPERTY THAT IS OWNED, LEASED, OR 
USED BY ANY RELIGIOUS ENTITY; 

(2) OBSTRUCT, OR ATTEMPT TO OBSTRUCT BY FORCE OR THREAT OF 
FORCE. A PERSON IN THE FREE EXERCISE OF THAT PERSON'S RELIGIOUS 
BELIEFS; 

(3) HARASS OR COMMIT A CRIME ON A PERSON OR DAMAGE THE 
PROPERTY OF A PERSON BECAUSE OF THAT PERSON'S RACE, COLOR, RELIGIOUS 
BELIEFS, NATIONAL ORIGIN, OR SEXUAL ORIENTATION; 

(4) HARASS OR COMMIT A CRIME ON AN INSTITUTION OR DAMAGE 
THE PROPERTY OF AN INSTITUTION: 

(I) BECAUSE OF THE INSTITUTION'S CONTACTS OR ASSOCIATION 
WITH A PERSON OR GROUP OF A PARTICULAR RACE, COLOR, RELIGIOUS 
BELIEFS, NATIONAL ORIGIN, OR SEXUAL ORIENTATION; OR 

(II) WHERE THERE IS EVIDENCE THAT EXHIBITS ANIMOSITY ON 
THE PART OF THE PERSON COMMITTING THE ACT AGAINST A PERSON OR 
GROUP BECAUSE OF THAT PERSON'S OR GROUP'S RACE, COLOR, RELIGIOUS 
BELIEFS, NATIONAL ORIGIN, OR SEXUAL ORIENTATION; 

(5) VANDALIZE OR BURN OR ATTEMPT TO BURN ANY OBJECT ON THE 
PROPERTY OF A PERSON BECAUSE OF THAT PERSON'S RACE, COLOR, RELIGIOUS 
BELIEFS, NATIONAL ORIGIN, OR SEXUAL ORIENTATION; 

(6) VANDALIZE OR BURN OR ATTEMPT TO BURN ANY OBJECT ON THE 
PROPERTY OF AN INSTITUTION: 



26 



1998-1999 Session Ord. 98-381 



(I) BECAUSE OF THE INSTITUTION'S CONTACTS OR ASSOCIATION 
WITH A PERSON OR GROUP OF A PARTICULAR RACE, COLOR, RELIGIOUS 
BELIEFS, NATIONAL ORIGIN, OR SEXUAL ORIENTATION; OR 

(II) WHERE THERE IS EVIDENCE THAT EXHIBITS ANIMOSITY ON 
THE PART OF THE PERSON COMMITTING THE ACT AGAINST A PERSON OR 
GROUP BECAUSE OF THAT PERSON'S OR GROUP'S RACE, COLOR, RELIGIOUS 

beliefs, national origin, or sexual orientation. 
§ 255. Penalty. 

(A) Any person who violates any provision of this subtitle is 

GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A HNE OF 
NOT MORE THAN $ 1 ,000 OR IMPRISONMENT FOR NOT MORE THAN 1 2 MONTHS 
OR BOTH FINE AND IMPRISONMENT. 

(B) Each day that a violation continues is a separate offense. 
(c) Prosecution of a person under this subtitle does not 

PRECLUDE PROSECUTION AND IMPOSITION OF PENALTIES FOR ANY OTHER 
CRIME IN ADDITION TO ANY PENALTIES IMPOSED UNDER THIS SUBTITLE. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved December 21,1 998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 98-381 
Council Bill 98-834 

An Ordinance Concerning 

Sale of Property — 111 Mellor Avenue 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
that is located at 1 1 1 Mellor Avenue and no longer needed for public 
use; and providing for a special effective date. 



27 



Ord. 99-382 1 998- 1 999 SESSION 



By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition') 

Skct^ion 1. Be IT ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City may sell, at either public or private sale, 
all the interest of the Mayor and City Council of Baltimore in the property 
located at 1 1 1 Mel lor Avenue, and more particularly described as follows: 

The subject parcel (Lot 410) is basically rectangular in 
shape, containing 21 ,300 + square feet. Frontage along the 
east side of Mellor Avenue is 355 + feet. The average 
depth is 60 feet. 

Due to slope and wooded areas, the useable area is 
estimated to be 6,600 square feet. This property is no 
longer needed for public use. 

Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved December 2 1 , 1 998 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-382 
Council Bill 98-824 

An Ordinance Concerning 

Urban Renewal — Harbor Campus — 

Amendment 2 

For the purpose of amending the Urban Renewal Plan for the Harbor 

Campus Urban Renewal Area to create a new mixed land use category, 

28 



1998-1999 Session Ord. 99-382 



modify existing development area boundaries, provide certain new 
development area standards and controls and modify certain existing 
development area standards and controls, delete a certain development 
area, change the land use of certain properties, and revise certain 
exhibits attached to the Plan to reflect the changes in the Plan; waiving 
certain content and procedural requirements; making the provisions of 
this Ordinance severable; providing for the application of this 
Ordinance in conjunction with certain other ordinances; and providing 
for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

The Urban Renewal Plan for the Harbor Campus Urban Renewal Area 
was originally approved by the Mayor and City Council of Baltimore by 
Ordinance 71-818 and last amended by Ordinance 73-410. 

An amendment to the Urban Renewal Plan for the Harbor Campus 
Urban Renewal Area is necessary to create a new mixed land use category, 
modify existing development area boundaries, provide certain new 
development area standards and controls and modify certain existing 
development area standards and controls, delete a certain development area, 
change the land use of certain properties, and revise certain exhibits 
attached to the Plan to reflect the changes in the Plan. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

This proposed amendment to the Renewal Plan for Harbor Campus has 
been approved by the Director of the Department of Planning for conformity 
to the Master Plan, for the detailed location of any public improvements 
proposed in the amended Urban Renewal Plan, and for the conformity to 
existing zoning classifications. This proposed amendment also has been 
approved and recommended to the Mayor and City Council of Baltimore by 
the Commissioner of the Department of Housing and Community 
Development. 



29 



Ord. 99-382 1 998- 1 999 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore. That the following changes in the Urban Renewal Plan for the 
Harbor Campus Urban Renewal Area are approved: 

( 1 ) On page 4 of the Plan, in B. Harbor Campus Renewal Area 
Objectives , add item 7. to read as follows: 

7. To ENCOURAGE COMPATIBLE MIXED USE RESIDENTIAL, 
OFHCE, AND/OR COMMERCIAL DEVELOPMENT THAT 
PROMOTES STREET LEVEL ACTIVITY, ENHANCES ADJACENT 
USES, AND STRENGTHENS PEDESTRIAN CONNECTIONS 
BETWEEN THE INNER HARBOR AND MARKET PLACE. 

(2) On page 5 of the Plan, in B. Land Use Provisions , amend 
paragraphs 1 . and 2. to read as follows: 

1 . General: In order to achieve the objectives of the Renewal 
Plan, the uses defined in sub-sections B.2. and B.3. below, 
are the only uses permitted [on property to be acquired in 
the Project] WITHIN THE PROJECT AREA. 

2. Definition of General Uses: The General Uses in this 
Renewal Plan shall be the following: 

a. [Commercial . The category defined "Commercial" 
includes the following specific uses: 

(1) Office 

(2) Retail 

(3) Institutional 

(4) Circulation and Utilities] 

Mixed : The category defined as "Mixed" includes 

THE following SPECIHC USES: 

( 1 ) Ofrce 

(2) Retail 

(3) Institutional 

(4) Circulation and Utilities 

(5) Residential 



30 



998- 1 999 Session Ord. 99-382 



(6) Parking Garage 

(7) Hotel 

(3) On page 6 of the Plan, in B. Land Use Provisions , 3. Definition 
of Specific Uses, add items i. and j. follows: 

I. Parking Garage : Facilities for the provision of wheeled 

VEHICLES. 

J. Hotel : Facilities for the provision of overnight stay. 

(4) On page 7 of the Plan, in C. Access , amend 1 . Pedestrian to read as 
follows: 

1 . Pedestrian : Public pedestrian access and facilities within 
the Project shall be provided by developers as required by 
the Department. [Maintenance] UNLESS OTHERWISE 
SPECIFIED, MAINTENANCE of public pedestrian facilities 
shall be the responsibility of developers, as required by the 
Department. [For purposes of this sub-section, the Mayor 
and City Council of Baltimore and the Board of Trustees of 
the Community College of Baltimore shall be considered 
developers.] The term "public pedestrian access and 
facilities" shall include facilities horizontal and vertical, 
under, on, or above ground. 

(5) On page 9 of the Plan, strike I. Discrimination Covenants 
in its entirety and substitute the following: 

1. discrimination covenants : 

The developer shall not enter into, execute, or be a 
party to any covenant, agreement, lease, deed, 
assignment, conveyance, or any other written 
instrument which restricts the sale, lease, use or 
occupancy of the property, or any part thereof or any 
improvements placed thereon, upon the basis of 
national origin, race, religion, sex, or color. such 
agreement or covenant providing for this non- 
discrimination provision shall be included in the 
instruments, and the city of baltimore shall be deemed 
a benehciary of such covenants and shall be entitled 
to enforce it. the developer shall comply with all 



31 



Ord. 99-382 1 998- 1 999 SESSION 



State and local laws, in effect from time to time, 
prohibiting discrimination or segregation. 

(6) On page 9 of the Plan, amend J. Redeveloper's Obligations 
10 read as follows: 

J. Redeveloper^s Obligations : 

Developers will be required to agree to commence and 
complete construction or improvements in the Project within 
reasonable periods of time as determined by the Department. 
The developer shall devote the land to those uses 
specihed in the plan and to no other uses. 

The developer shall agree to retain the interest he 

ACQUIRES in the PROPERTY TRANSFERRED TO HIM UNTIL HE HAS 
COMPLETED THE IMPROVEMENTS, CONSTRUCTION, AND 
DEVELOPMENT IN THE AREA REQUIRED BY THIS PLAN AND THE 
DISPOSITION INSTRUMENTS, AND HE SHALL FURTHER AGREE NOT 
TO SELL, LEASE, OR OTHERWISE TRANSFER THE INTEREST HE 
ACQUIRED OR ANY PART THEREOF WITHOUT THE PRIOR WRITTEN 
CONSENT OF THE COMMISSIONER OF THE DEPARTMENT OF 

HOUSING AND Community Development, or until the 
Department shall have certified in writing that the 
developer has completed the improvements, 
construction, and development in the area. 

(7) On page 10 of the Plan, in N. Development Area Controls , 
Development Area 1 , amend items a. and b.i. and ii. to read 
as follows: 

a. General Use: [Public] MIXED 

b. Building Requirements: 

i. Maximum permitted height: [El. 65'] El. 150' above 
Mean Low Tide FOR THE RRST 70 FEET FROM THE 
SOUTH SIDE OF THE SITE, GUIDED BY F. A.R. AFTER 
NORTH OF THE HRST 70 FEET. BUILDING(S) DESIGNED 
FOR THIS SITE SHOULD HAVE VARIETY IN HEIGHT. 

ii. Maximum permitted coverage: [40%] 100%. 



32 



1998-1999 Session Ord. 99-382 



(8) On page 10 of the Plan, in N. Development Area Controls , 
after Development Area 1 , add Development Area la to 
read as follows: 

Development Area 1a 

A. General Use: Mixed 

B. Building Requirements: 

I. Maximum permitted height: El. 60' above Mean Low 
Tide. 

II. An¥ The nRST floor (up to 1 5 feet) of any 

BUILDING ON DEVELOPMENT AREA 1 A MUST HAVE 
OVER 50% OF ITS WALL AREA EITHER OPEN OR HAVING 
CLEAR GLASS WINDOWS , AND ANY FLOOR ABOVE THE 
FIRST FLOOR MUST HAVE OVER 35% OF ITS WALL AREA 
EITHER OPEN OR HAVING CLEAR GLASS WINDOWS . 

III. Maximum PERMITTED COVERAGE: 100%. 

(9) On page 1 1 of the Plan, in N. Development Area Controls , 
strike " Development Area 3 " in its entirety. 

Section 2. And be it further ordained, That the Urban Renewal 
Plan for the Harbor Campus Urban Renewal Area, as amended by this 
Ordinance and identified as "Urban Renewal Plan, Harbor Campus Urban 
Renewal Area, revised to include Amendment 2, dated September 22, 
1998", is approved. The Clerk of the City Council shall file a copy of the 
amended Urban Renewal Plan with the Department of Legislative 
Reference as a permanent public record, available for public inspection and 
information. 

Section 3. And be it further ordained. That the revision shown in 
the amended Urban Renewal Plan on Exhibit B, Development Areas, dated 
as revised Sept e mber 22 December 7 , 1998, is approved. 

SECTION 4. And BE IT FURTHER ORDAINED, That the revision shown in 
the amended Urban Renewal Plan on Exhibit C, Proposed Land Use, dated 
as revised S e ptember 22 December 7 , 1998, is approved. 



33 



Ord. 99-382 1 998- 1 999 SESSION 



Section 5. And be it further ordained. That the revision shown in 
the amended Urban Renewal Plan on Exhibit D, Right of Way Adjustments, 
dated as revised S e pt e mb e r 22 December 7 , 1998, is approved. 

SECTION 6. And be it further ordained. That Final Design Plans 
must be reviewed and approved bv the Planning Commission. 

SECTION 7. And be it further ordained. That the use of 

Development Area 1 A is subject to design approval bv the Baltimore 
Development Corporation, and the Baltimore Development Corporation 
reserves the right to prohibit development within Development Area Al. 

Section 6 8. And be it further ordalned, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 7 9. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 8 10. And be it further ordained. That if a provision of 
this Ordinance concerns the same subject as a provision of any zoning, 
building, electrical, plumbing, health, fire, or safety law or regulation, the 
applicable provisions shall be construed to give effect to each. However, if 
the provisions are found to be in irreconcilable conflict, the one that 
establishes the higher standard for the protection of the public health and 
safety prevails. If a provision of this Ordinance is found to be in conflict 
with an existing provision of any other law or regulation that establishes a 
lower standard for the protection of the public health and safety, the 
provision of this Ordinance prevails and the other conflicting provision is 
repealed to the extent of the conflict. 

Section 9 U. And be it further ordalned. That this Ordinance 
takes effect on the date it is enacted. 

Approved January 12, 1999 

Kurt L. Schmoke, Mayor 



34 



1998-1999 Session Ord. 99-383 



City of Baltimore 
Ordinance 99-383 
Council Bill 98-811 

An Ordinance Concerning 

Planned Unit Development — Amendment — 
Loch Raven Boulevard and Argonne Drive 

For the purpose of approving certain amendments to the Development Plan 
of the Loch Raven Boulevard and Argonne Drive Planned Unit 
Development. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-4 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

By Ordinance 77-501, as amended by Ordinance 91-676, the Mayor and 
City Council approved the application of the Northwood Company to have 
certain property located in Baltimore City at the northeast comer of the 
intersection of Loch Raven Boulevard and Argonne Drive, consisting of 
10.82 acres, more or less, designated as a Business Planned Unit 
Development and approved the Development Plan submitted by the 
applicant. 

The Rite Aid Corporation wishes to amend the Development Plan, as 
previously approved by the Mayor and City Council, to construct a free- 
standing kiosk for drive-through prescription drop-off and pick-up. 

On August 18, 1998, representatives of the Rite Aid Corporation, met 
with the Department of Planning for a preliminary conference, to explain 
the scope and nature of the proposed amendments to the Development Plan. 

The representatives of the Rite Aid Corporation have applied to the 
Baltimore City Council for approval of these amendments, and they have 



35 



Ord. 99-384 1998-1999 SESSION 



submitted amendments to the Development Plan intended to satisfy the 
requirements of Article 30, §§ 12.0-1 and 12.0-4 of the Baltimore City 
Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the amendments to 
the Development Plan submitted by the Developer, as attached to and made 
part of this Ordinance, including the Site Plan, dated , 1998. 

Section 2. And be it further ordained, That all plans for the 
construction of permanent improvements on the property must be reviewed 
by the Planning Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 

Section 3. And be it further ordained. That the Planning 
Department may determine what constitutes minor or major modifications 
to the Plan. Minor modifications require approval by the Planning 
Commission. Major modifications require approval by Ordinance. 

Section 4. And be it further ordained, That as evidence of the 
authenticity of the accompanying Site Plan and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the Site Plan; (ii) when the Mayor approves this Ordinance, the Mayor shall 
sign the Site Plan; and (iii) the Director of Finance then shall transmit a 
copy of this Ordinance and the Site Plan to the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commissioner of Housing 
and Community Development, the Supervisor of Assessments for Baltimore 
City, and the Zoning Administrator. 

Section 6. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved January 29, 1 999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-384 
Council Bill 98-787 

An Ordinance Concerning 



36 



998- 1 999 Session Ord. 99-385 



City Property — Naming a Playing Field to be 
the Joseph S. Bonvegna Field 

For the purpose of naming the playing field located on the north side of 
Boston Street between South East Avenue and South Clinton Street the 
Joseph S. Bonvegna Field. 

By authority of 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section 229 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the playing field located on the north side of Boston 
Street between South East Avenue and South Clinton Street is named the 
Joseph S. Bonvegna Field. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved February 10, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-385 
Council Bill 98-809 

An Ordinance Concerning 

Capital Projects Appropriation Tranfers — $1,350,000 

For the purpose of providing interagency capital projects appropriation 
transfers in the amount of $1,350,000 to interchange funding sources; 
and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 



37 



Ord. 99-385 



1998-1999 Session 



Recitals 

These interagency transfers are required to change project funding 
sources. 

On September 30, 1998, the Board of Estimates recommended these 
interagency transfers to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore. That the following interagency capital projects appropriation 
tranfers are authorized: 



Account 


Funding Source 


Proiect 


Amount 


From: 9920-208 


General Fund 


Fire Station 


$1,350,000 


To: 9942-488 


General Fund 


Museum Roof 


$1,000,000 


9916-197 


General Fund 


Various Roof 
Replacements 


$ 350,000 


and 








From: 9942-488 


Certificates of 
Participation 


Museum Roof 


$1,000,000 


9916-197 


Certificates of 


Various Roof 


$ 350,000 




Participation 


Replacements 




To: 9920-208 


Certificates of 
Participation 


Fire Station 


$1,350,000 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved February 10, 1999 



Kurt L. Schmoke, Mayor 



38 



1998-1999 Session Ord. 99-386 



City of Baltimore 
Ordinance 99-386 
Council Bill 98-823 

An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
MR-Environmental Control Board — $180,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $180,000 to the MR-Environmental 
Control Board — Program 1 17, to provide funding for operating 
appropriations; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents Inter-agency 
funding in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1 999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On October 14, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1 80,000 shall be made available to the MR- 
Environmental Control Board — Program 1 17 as a Supplementary General 
Fund Operating Appropriation for Fiscal Year 1999, to provide funding for 
operating appropriations. The source of revenue for this appropriation is 



39 



Ord. 99-387 1998-1999 SESSION 



Inter-agency funding in excess of the amount from this source that was 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved February 10, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-387 
Council Bill 98-874 

An Ordinance Concerning 



Supplementary Federal Grant Fund Operating Appropriation — 
Mayor's Coordinating Council of Criminal Justice — $3,511,296 

For the purpose of providing a Supplementary Federal Grant Fund 

Operating Appropriation in the amount of $3,51 1,296 to the Mayor's 
Coordinating Council of Criminal Justice — Program 224, to provide 
funding to reduce crime and improve public safety through community 
policing, crime prevention, and the enhanced adjudication of violent 
offenders; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Bureau of Justice Assistance in excess of the revenue relied on by the Board 
of Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

That grant could not have been expected with reasonable certainty 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 



40 



1998-1999 Session Ord. 99-388 



On November 25, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,51 1,296 shall be made available to the Mayor's 
Coordinating Council of Criminal Justice — Program 224 as a 
Supplementary Federal Grant Fund Operating Appropriation for Fiscal Year 
1999, to provide funding to reduce crime and improve public safety through 
community policing, crime prevention, and the enhanced adjudication of 
violent offenders . The source of revenue for this appropriation is the grant 
from the Bureau of Justice Assistance in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved February 10, 1999 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 99-388 
Council Bill 98-769 

An Ordinance Concerning 

Tobacco Tax 

For the purpose of imposing an excise tax on the rec e ipt of distributors who 
supply certain tobacco products by to certain dealers; providing for the 
administration and collection of the tax; defining certain terms; 
prohibiting certain activities; imposing certain penalties; providing for a 
special effective date; and generally relating to the taxation of tobacco 
products. 



41 



Ord. 99-388 1 998- 1 999 Session 



By adding 

Article 28 - Taxes 

Seciion(s) 92 through 4-03-103, inclusive, to be under 

the new subtitle 'Tobacco Tax" 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Section 1. Be it ordalned by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 28 — Taxes 

Subtitle — Tobacco Tax 

92. Definitions. 

(A) In GENERAL 

In this subtitle, the following terms have the meanings 
indicated. 

(B) Cigar. 

(1) "Cigar" MEANS any cigar, cheroot, stogie, cigarillo, or 

other roll of tobacco that IS WRAPPED IN LEAF TOBACCO 
OR IN ANY OTHER SUBSTANCE THAT CONTAINS TOBACCO. 

(2) '^ClGAR" DOES NOT INCLUDE A CIGARETTE. 

(c) Cigarette. 

"Cigarette" has the meaning stated in § 1 2-101 (b) of the 
State Tax-General Article. 

(D) Consumer. 

" Consumer" means any person who purchases tobacco 
products for any purpose other than resale as a dealer 



42 



998-1999 Session Ord. 99-388 



(e) (D) Dealer. 

(1) "Dealer" means any person who engages in the retail 
sale of tobacco products subject to this subtitle. 

(2) "Dealer" INCLUDES: 

(I) ANY DISTRIBUTOR ENGAGED IN CASUAL RETAIL SALES 
OF TOBACCO PRODUCTS; AND 

(II) ANY OPERATOR OF A VENDING MACHINE FROM WHICH 
TOBACCO PRODUCTS ARE SOLD ; AND 

(III) INDIVIDUAL OUTLETS IN THE CiTY OF MULTIPLE-OUTLET 
RETAIL CHAIN STORES . 

(F) (El Director. 

"Director" means the Director of Finance or a designee of 
THE Director of Finance. 

(F) Distributor. 
"Distributor" means: 

( 1 ) ANY person who SUPPLIES TOBACCO 

Products to a dealer; 

c2) any person who supplies vending machines with 
tobacco products; and 

(3) any multiple-outlet retail chain store that supplies 
tobacco products to its individual outlets. 

(G) Person. 

(1) "Person" MEANS: 

(I) AN INDIVIDUAL; 

(II) A RECEIVER, TRUSTEE, GUARDIAN, PERSONAL 
REPRESENTATIVE, HDUCIARY, OR REPRESENTATIVE OF 
ANY KIND; OR 



43 



Ord. 99-388 1 998- 1 999 SESSION 



(iii) a partnership, hrm, association, corporation, or 
other entity of any kind. 

(2) "Person" does not include a governmental entity or an 
instrumentality or unit of a governmental entity. 

(H) Pipe TOBACCO. 

"Pipe tobacco" means any tobacco that, because of its 
appearance, type, packaging, or labeling, is suitable or 
intended to be smoked in a pipe. 

(I) Smokeless TOBACCO. 

"Smokeless tobacco" means any chewing tobacco, spit 
tobacco, snuff, or other rnely cut, ground, powdered, or 
leaf tobacco that is: 

( 1 ) intended to be placed in the oral cavity ©p or nasal 
passage; or 

(2) otherwise not intended to be smoked. 

(J) Tax STAMP. 

"Tax st.xmp" means the device that the Director requires, as 
evidence that the tax imposed by this subtitle has been paid, 

TO BE AFRXED to A TOBACCO PRODUCT. 

(J) Supply. 

( 1 ) "Supply" means to provide, furnish, deliver, 
distribute, or transmit. 

(2) For purposes of this subtitle, the act of supplying 
tobacco products to a dealer operating in the city is 
completed, and tax liability accrues, on receipt of the 
products by the dealer in the city. 

(K) Tobacco PRODUCT. 

(1) "Tobacco PRODUCT" MEANS ANY: 



44 



1998-1999 Session Ord. 99-388 

(I) CIGAR; 

(II) PIPE TOBACCO; OR 

(III) Smokeless tobacco. 

(2) "Tobacco product" does not include a cigarette. 

93. Tax IMPOSED. 

a tax is imposed on every de.\ler who receives in the city, for 
sale to consumers, distributor who supplies to a dealer 
operating in the city any: 

(I) CIGAR; 

(ii) pipe tobacco; or 
(iii) smokeless tobacco. 

94. Amount of tax. 

(a) In general. 

The amount of the tax imposed is as specified in this section. 
(B) Cigars. 

For cigars, the tax is: 

(1) FOR each cigar SOLD INDIVIDUALLY: $044 

(2) FOR each PACKi\GE OF 6 OR FEWER CIGARS: $0.90 

(3) FOR each PACK.\GE of 7 OR MORE CIGARS: $0t90 

per unit or 
fr.\ction of a 

UNIT OF 6 cigars 

n) FOR CIGARS WEIGHING 3 POUNDS OR LESS PER 1 ,000: 

$04^ 50. 05 PER 
CIGAR 



45 



Ord. 99-388 1 998- 1 999 Session 

(2) FOR CIGARS WEIGHING MORE THAN 3 POUNDS PER 1 .000: 
$046 50.06 PER CIGAR 

(c) Pipe TOBACCO. 

For PIPE TOBACCO, THE TAX IS: 

(1) FOR EACH PACKAGE OF 2 7.5 OUNCES OR LESS: SOt^^ 

$0.36 

(2) FOR EACH PACKAGE OF MORE THAN 3- 7.5 OUNCES: $0.72 

$0.36 
PER UNIT OR 
FRACTION OF 
A UNIT OF 2 
7.5 OUNCES 

(D) Smokeless TOBACCO. 

For smokeless tobacco, the tax is: 

( 1 ) for each package of 1 .5 ounces or less: $044 $0.36 

(2) for each package of more than 1 .5 ounce: $0.54 

$0.36 
PER UNIT OR 
FRACTION OF 
A UNIT OF 
1 .5 OUNCES 

95. When payable; tax stamps monthly reports . 

(A) In GENERAL 

The tax imposed by this subtitle: 

(1) is due when the dealer takes possession of receives 
the tobacco product; and 

(2) must be paidf on or before the 25^ day of the month 
following the month in which the dealer received 
the product. 



46 



1998-1999 Session Ord. 99-388 



(B) Report. 

( 1 ) The distributor must remit the tax to the Director of 
Finance, together with a monthly report of all tobacco 
products that the distributor supplied to dealers 
operating in the city. 

(2) The REPORT MUST: 

(I) BE IN A FORM THE DIRECTOR APPROVES: AND 

(II) IDENTIFY THE NUMBER OF PRODUCTS SUPPLIED IN EACH 
OF THE CLASSIHCATIONS SPECMED IN § 94 OF THIS 
SUBTITLE. 

(I) WITHIN 72 HOURS OF THE DEALER' S TAKING POSSESSION 
OF THE PRODUCT; OR 

(II) IF EARLIER, BEFORE THE DEi\LER SELLS OR ATTEMPTS TO 
SELL THE PRODUCT. 

(B) Director to issue stamp. 

When the DEi\LER pays the tax, the Director must issue the 

DEi\LER TAX STAMPS AS EVIDENCE OF THE PAYMENT. 

(C) DEMER TO AFFIX STAMPS. 

( 1 ) The de.\ler must affix, to each unit of tobacco products, 
tax stm1ps in an amou>rr at least equi\l to the amount 
of the tax imposed on that unit. 

(2) All tobacco products in a dealer's possession must have 

THE required TAX STAMPS AFFIXED TO THEM UNLESS THE 

products ap^ segregated or marked to indicate that 

THEY: 

(I) WERE RECEIVED WITHIN THE IMMEDL\TELY PRECEDING 
72 HOURS; OR 

(II) ARE EXEMPT FROM THE TAX IMPOSED BY THIS SUBTITLE. 



47 



Ord. 99-388 1 998- 1 999 Session 

96 . Stamp s ale s to wholesalers, 

(a) s,\le authorized. 

Th£ Director may sell tax stamps to wholesalers of 
tobacco products subject to this subtitle. 

(B) Wholesaler My\Y y\FFix STAMPS. 

A WHOLESALER MAY BUY AND AFFIX TAX STAMPS ON BEHALF OF A 
DEALER. 

96. Dealer self-transport. 

( A ) Dealer uable absent certifica tion. 

If ANY DEALER TRANSPORTS TOBACCO PRODUCTS INTO THE CiTY OR 
CAUSES TOBACCO PRODUCTS TO BE TRANSPORTED INTO THE CiTY. 
THE DEALER IS LIABLE FOR THE PAYMENT OF THE TAX IMPOSED BY 
THIS SUBTITLE. TOGETHER WITH ALL APPLICABLE INTEREST AND 
PENALTIES. UNLESS THE DEALER OBTAINS FROM THE SUPPLIER OF 
THE PRODUCTS A WRITTEN CERTIHCATION THAT THE SUPPLIER IS 
LIABLE FOR AND IS PAYING THE TAX. 

(B) Form. 

The CERTIFICATION MUST BE IN A FORM THE DIRECTOR 
APPROVES. 

97. RECORDS ; INVENTORY . 

(A) Records REQUIRED. 

Every distributor and every dealer must: 

( 1 ) KEEP complete AND ACCURATE RECORDS OF ALL 
TRANSACTIONS INVOLVING TOBACCO PRODUCTS, AS 
NECESSARY OR OTHERWISE REQUIRED BY THE DIRECTOR TO 
DETERMINE WHETHER ALL TAXES DUE UNDER THIS SUBTITLE 
HAVE BEEN PAID; AND 



48 



1998-1999 Session Ord. 99-388 



(2) make these records available, at all times during 
business hours, for inspection and audit by the 
Director. 

(B) Im^ENTORY. 

Every de.\ler must, at all times during business hours, 
permit the Director to inspect the DEi\LER's inventory of 

TOBACCO PRODUCTS TO DETERMI>JE WHETHER THE REQUIPJED TAX 

stamps have been affixed to these products. 

98. Interest and civil penalties. 

If a DEALER DISTRIBUTOR FAILS TO PAY THE TAX IMPOSED BY THIS 

subtitle when due, the dealer distributor must pay the 
Director, in addition to the tax due: 

( 1 ) interest at the rate of 1 % for each month or fraction of 
a month that the tax is overdue; and 

(2) a penalty of 1 0% of the amount of the tax due. 

99. Tax determination by Director. 

(a) Director to obtain information. 

If any person fails to make the report and remit the tax 
when due and fails to keep suitable records as required 
under this subtitle, the director of finance may attempt to 
obtain other available information on which to base an 
estimate of the tax due. 

(B) Director TO ESTIMATE TAX. 

as soon as the director obtains this information, the 
Director may proceed to determine the tax due and assess 
that tax, plus interest and penalties. against the person 
liable for the tax. 



49 



Ord. 98-388 1998-1999 Session 



(c) Notice AND PAYMENT. 

(\) The Director may then notify the person by mail, sent to 
that person ^s last known address, of the total amount 
of the tax, interest, and penalties. 

(2) The total amount is payable within 10 days from the 
date of this notice. 

100. Closing OR SALE OF BUSINESS. 

If a PERSON REQUIRED TO PAY A TAX UNDER THIS SUBTITLE SELLS HIS, 
HER, OR ITS BUSINESS OR OTHERWISE CEASES TO DO BUSINESS: 

( 1 ) ANY TAX PAYABLE UNDER THIS SUBTITLE BECOMES 
IMMEDIATELY DUE AND PAYABLE; AND 

(2) WITHIN 3 DAYS OF THE SALE OR OTHER CESSATION OF BUSINESS, 
THAT PERSON MUST SUBMIT THE REQUIRED REPORT AND REMIT 
THE TOTAL AMOUNT OF THE TAX DUE. 

^101. Lien ON PROPERTY. 

The tax, interest, and penalties imposed by this subtitle are a 
lien on the property of any person liable for their payment. 

4^102. Rules AND REGULATIONS. 

(A) Director MAY ADOPT. 

The Director may adopt rules and regulations as necessary 

OR appropriate TO: 

( 1 ) GOVERN THE PAYMENT, COLLECTION, AND ACCOUNTING OF 
THE TAX IMPOSED BY THIS SUBTITLE; 

(2) DERNE ANY TERMS USED IN CONNECTION WITH THE 
IMPOSITION AND COLLECTION OF THE TAX IMPOSED UNDER 
THIS SUBTITLE; 

(3) PROVIDE FOR THE CREDIT OF ANY TAX PAID ON RETURNED 
PRODUCTS; 



50 



998-1999 Session Ord. 99-388 



(4) PROVIDE FOR THE REFUND OF ANY TAX, INTEREST, OR 
PENALTY ERRONEOUSLY OR ILLEGALLY PAID; AND 

(^ (51 OTHERWISE ADMINISTER, ENFORCE, AND CARRY OUT 
THIS SUBTITLE. 

(B) Copies to be filed with Legislative Reference. 

a copy of all rules and regulations adopted under this 
section must be rled with the department of legislative 
Reference before they become effective . 

101» PROfflBITED CONDUCT* 

(A) Possession or sale of unstamped tobacco products. 

Except as otherwise specifically authorized under this 
subtitle, no person may sell, attempt to sell, or possess 

WITH intent to sell TO ANY CONSUMER ANY UNSTAMPED TOBACCO 
PRODUCT SUBJECT TO THIS SUBTITLE. 

(B) False T\x STAMPS. 

no person may make, cause to be made, procure, use, 
tri\nsfer, or possess any i\ltered or counterfeit tax stamp. 

402103. Penalties. 

Any person who violates any provision of this subtitle or of 
any rule or regulation adopted under this subtitle is guilty of 
a misdemeanor and, on conviction, is subject to a hne of not 
more than $ 1 ,000 or to imprisonment for not more than 1 2 
months or to both hne and imprisonment for each offense. 

Section 2. And be it further ordained. That the catchUnes 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted Jun e July 1, 1999 . It shall 



51 



I 



Ord. 99-389 1 998- 1 999 Session 



remain in effect unless the Maryland General Assembly enacts a Statewide 
tax on tobacco products: if a Statewide tax on tobacco products becomes 
effective, this Ordinance is abrogated and of no further force and effect, 
with no further action required by the Mayor and City Council. 

Approved February 22, 1999 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 99-389 
Council Bill 98-821 



An Ordinance Concerning 

Planned Unit Development — Liberty Medical Center, Inc. 

For the purpose of repealing Ordinance 82-604 and Ordinance 89-421 ; 
approving the application of Liberty Medical Center, Inc., owner of the 
property known as 2600 Liberty Heights Avenue, to have that property 
designated a Business Planned Unit Development; and approving the 
Development Plan submitted by the applicant. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-4 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

By Ordinance 82-604, as amended by Ordinance 89-421 , the Mayor and 
City Council authorized and established a Planned Unit Development for 
the land lymg generally northwest of the intersection of Liberty Heights 
Avenue and Reisterstown Road, consisting of 20.64 acres, more or less, 
generally known as 2600 Liberty Heights Avenue. 

Liberty Medical Center, Inc. ("Liberty"), owner of the property, wishes 
to have the Ordinances that established and amended the current Business 
Planned Development repealed and to redevelop the property under the 
auspices of a new Business Planned Development. 

52 



1998-1999 Session Ord. 99-389 



The owner proposes to add elderly housing and assisted living units to 
the existing uses on the property. The extent of the proposed changes 
makes approval by amendment to the current Development Plan 
impractical. 

On October 6, 1998, representatives of Liberty met with the Department 
of Planning for a preliminary conference, to explain the scope and nature of 
existing and proposed development on the property and to institute 
proceedings to have the property designated a Business Planned Unit 
Development. 

The representatives of Liberty have applied to the Baltimore City 
Council for designation of the property as a Business Planned Unit 
Development, and they have submitted a Development Plan intended to 
satisfy the requirements of Article 30, §§ 12.0-1 and 12.0-4 of the Baltimore 
City Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance 82-604 and Ordinance 89-421 are each 
repealed. 

Section 2. And be it further ordained, the Mayor and City 
Council approves the application of Liberty Medical Center, Inc., fee simple 
owner of the property lying generally northwest of the intersection of 
Liberty Heights Avenue and Reisterstown Road, consisting of 20.64 acres, 
more or less, generally known as 2600 Liberty Heights Avenue, as outlined 
on the accompanying Development Plan, to designate the property a 
Business Planned Development under Article 30, §§ 12.0-1 and 12.0-4 of 
the Baltimore City Code. 

Section 3. And be it further ordained. That the Development 
Plan submitted by Liberty, consisting of Existing Conditions Plan, dated 
October 8, 1998 (Exhibit A), Proposed Conditions Plan, dated October 8, 
1998 (Exhibit B), and Phasing Plan, dated Octobers, 1998 (Exhibit C), is 
approved. 

Section 4. And be it further ordained. That the following uses 
are permitted in the Planned Unit Development: 

( 1 ) all hospital and health care related uses 

(2) adult or child care services for up to 60 clients 



53 



Ord. 99-389 1 998- 1 999 Session 

(3) offices 

(4) clinics 

(5) maximum of 104 elderly housing units 

(6) maximum of 100 assisted living units 

(7) Phase n Building with a maximum of 25,000 square feet 

(8) all other uses shown on Development Plan 

Section 5. And be it further ordained, That all plans for the 
construction of permanent improvements on the property must be reviewed 
by the Planning Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 

Section 6. And be it further ordained. That the Planning 
Depanment may determine what constitutes minor or major modifications 
to the Plan. Minor modifications require approval by the Planning 
Commission. Major modifications require approval by Ordinance. 

Section 7. And be it further ordained. That as evidence of the 
authenticity of the accompanying Development Plan and in order to give 
notice to the agencies that administer the City Zoning Ordinance: (i) when 
the City Council passes this Ordinance, the President of the City Council 
shall sign the Development Plan; (ii) when the Mayor approves this 
Ordinance, the Mayor shall sign the Development Plan; and (iii) the 
Director of Finance then shall transmit a copy of this Ordinance and the 
Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 8. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved February 24, 1999 

Kurt L. Schmoke, Mayor 



54 



1 998- 1 999 Session Ord. 98-390 



City of Baltimore 

Ordinance 99-390 

Council Bill 203 

An Ordinance Concerning 

Zoning - Planned Unit Development 
Victor B. Handal Business Center 

For the purpose of amending Ordinance 671, approved December 4, 1995, 
by repealing certain prohibitions against the establishment of certain 
restaurants, and increasing the permitted square footage of the 
restaurant in the Victor B. Handal Business Planned Development, 
which was approved by Ordinance No. 130, approved June 28, 1984, 
and amended by Ordinance No. 525, approved October 21, 1985, 
Ordinance No. 808, approved November 22, 1991, Ordinance No. 513, 
approved March 6, 1995, and Ordinance 671, approved December 4, 
1995. 

By authority of 

Article 30 - Zoning 

Section 12.0-1 and 12.0-4 

Baltimore City Code (1983 Replacement Volume, as amended) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That page 1, lines 28 through 35, of Ordinance 671, approved 
December 4, 1995, are hereby repealed and reordained to read as follows: 

"Whereas, J4P Associates is the owner of the property known as 1400 
East North Avenue (the "Property") and desires to construct a 40,000 square 
foot office building (A) (Total Health Care Building), an [800] UP TO 1000 
square foot [attached building] CARRY OUT/RESTAURANT (B), a 30,000 
square foot office building (D), and a 3,500 square foot store room addition 
to the garden center building (C) as shown on the proposed site plan." 

Section 2. And be it further ordained. That Section 5 of 
Ordinance 671, approved December 4, 1995, is hereby repealed in its 
entirety. 

Section 3. And be it further ordained. That the Mavor and Citv 
Council approves the amendments to the Development Plan submitted by 



55 



Ord. 98-391 1 998- 1 999 SESSION 



the Developer, as attached to and made part of this Ordinance, including the 
Site Plan (Sheet A-K dated January 25. 1999). and Front Elevation (Sheet 
A-2. dated January 25. 1999). 

Section 4. And be it further ordained. That as evidence of the 
authenticity of the accompanying amended Development Plan and in order 
to give notice to the agencies that administer the City Zoning Ordinance: (i) 
when the City Council passes this Ordinance, the President of the City 
Council shall sign the amended Development Plan; (ii) when the Mayor 
approves this Ordinance, the Mayor shall sign the amended Development 
Plan: and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the amended Development Plan to the Board of Municipal 
and Zoning Appeals, the Planning Commission, the Commissioner of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

Section 3 5. And be it further ordained, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 



Approved March 4, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-391 
Council Bill 98-684 

An Ordinance Concerning 

Food Facilities — Public Notice of Closings 

For the purpose of authorizing the Commissioner of Health to publish lists 
require posting of food facilities and establishments that have been 
closed for health code violations; and clarifying certain language. 

By repyealing and reordaining, with amendments 
Article 1 1 - Health 
Section(s) 61 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 



56 



1 998- 1 999 Session Ord. 99-39 1 



By adding 

Article - Health 

Section 6-606 

Baltimore City Revised Code 

(As enacted by Ordinance xx-xxx (Bill 98-855)) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 11 — Health 

Subtitle — Food Products 

61. [Duties] Powers and duties of [the] Health Commissioner. 

[It shall be the duty of the] The Commissioner of Health [to carry out 
the proyisions of this subtitle and any applicable regulations of the State 
Department of Health and Mental Hygiene, and] has the following 
powers and duties: 

(1) to [make or cause to be made inspections of] INSPECT milk, 

meats, vegetables, fruits, [and] fish, and other FOOD, 
wherever [such articles are] sold, kept, or offered for sale [in 
the City of Baltimore, and]; 

(2) to obtain FOOD samples [of milk and all other food products 
whose] AND TEST THEIR qualities [are to be determined] by 
chemical or microscopic examination; 

(3) TO PERIODIC.\LLY PUBLISH A LIST OF FOOD FACILITIES OR OTHER 

ESTABLISHMENTS THAT HAVE HAD THEIR LICENSES SUSPENDED 
OR P^VOKED OR THAT HAVE BEEN CLOSED FOR HE^ALTH CODE 
VIOLATIONS; AND 

(3) TO REQUIRE A FOOD FACILITY OR OTHER ESTABLISHMENT THAT 
HAS HAD ITS LICENSE SUSPENDED FOR LONGER THAN 24 HOURS 



57 



Ord. 99-39 1 1 998- 1 999 Session 



TO POST A PUBLIC NOTICE ON THE FACILITY OR ESTABLISHMENT 
STATING THE REASON FOR THE SUSPENSION; 

(4) [It shall also be the duty of the Commissioner of Health] to 
[make such] ADOPT rules and regulations as may be required 
under this subtitle for the better protection of the health of the 
City; AND 

(44 (5) GENERALLY TO ENFORCE THIS SUBTITLE AND ANY 
APPLICABLE STATE REGULATIONS. 

Section 2. And be it further ordained. That if Bill 98-855 
(Revised Code - Health) is enacted, the Laws of Baltimore read as follows: 

" Baltimore City Revised Code 

Article — Health 

§ 6-606. Posting notice of suspensions. 

The Commissioner may require a food facility or other 
establishment that has had its license suspended for 
longer than 24 hours to post a public notice on the 
facility or establishment stating the reason for the 
suspension. 

Section 2 3. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

SECTION i^ 4. And be it further ordained. That this Ordinance 
takes effect on the 30th day after the date it is enacted. 

Approved March 4, 1999 

KURT L. SCHMOKE, Mayor 



58 



1 998- 1 999 Session Ord. 99-392 



City of Baltimore 
Ordinance 99-392 
Council Bill 98-854 

An Ordinance Concerning 

City Streets — Closing — Certain Alleys Lying Within 
the Charles North Business Area 

For the purpose of condemning and closing certain alleys lying within the 
Charles North Business Area, as shown on Plat 349-A-20E in the Office 
of the Department of Public Works; and providing for a special 
effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article n - General Powers 
Sections 2, 34, 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and close certain alleys lying within the Charles North Business 
Area, and more particularly described as follows: 

Sheet 1 of 1 comprising certain alleys lying within the area 
bounded by Howard Street, 23rd Street, Mace Street and 22nd 
Street, said alleys are numbered 1 and 2 on said Sheet 1 and 
described as follows: 

1 . Beginning for Parcel No. 1 at the point formed 
by the intersection of the south side of 23rd Street, 
66 feet wide, and the west side of a 10 foot alley, 
laid out 90 feet east of Howard Street, 66 feet 
wide, and running thence binding on the south side 
of said 23rd Street, Easterly 10.0 feet to intersect 



59 



Ord. 99-392 1 998- 1 999 SESSION 



the east side of said 10 foot alley; thence binding 
on the east side of said 10 foot alley, Southerly 
1 98.0 feet to intersect the north side of a 14 foot 
alley laid out in the rear of Nos. 1 14 through 120 
W. 22nd Street; thence binding on the north side of 
said 14 foot alley, Westerly 10.0 feet to intersect 
the west side of said 1 0.0 foot alley and thence 
binding on the west side of said 10 foot alley, 
Northerly 198.0 feet to the place of beginning. 

2. Beginning for Parcel No. 2 at the point formed 
by the intersection of the west side of Mace Street, 
20 feet wide, and the north side of a 10 foot alley 
laid out in the rear of the property known as No. 
1 1 1 W. 23rd Street, said point of beginning being 
distant 100 feet southerly measured along the west 
side of said Mace Street from the south side of 
23rd Street, 66 feet wide, and running thence 
binding on the west side of said Mace Street, 
Southerly 10.0 feet to intersect the south side of 
said 10 foot alley; thence binding on the south side 
of said 10 foot alley. Westerly 50.0 feet to intersect 
the east side of a 10 foot alley laid out 90 feet east 
of Howard Street, 66 feet wide; thence binding on 
the east side of last said 10 foot alley. Northerly 
1 0.0 feet to intersect the north side of the 1 foot 
alley, mentioned firstly herein, and thence binding 
on the north side of said 10 foot alley, mentioned 
firstly herein, Easterly 50.0 feet to the place of 
beginning. 

As dehneated on Plat 349-A-20E, prepared by the Survey Control Section 
and filed on June 4, 1998, in the Office of the Department of Public Works. 

Section 2. And be it further ordained. That the proceedings for 
the condemnation and closing of certain alleys lying within the Charles 
North Business Area and the rights of all interested parties shall be 
regulated by and in accordance with all applicable provisions of state and 
local law and with all applicable rules and regulations adopted by the 



60 



1 998- 1 999 Session Ord. 99-392 



Director of Public Works and filed with the Department of Legislative 
Reference. 

Section 3. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore continue to be the 
property of the Mayor and City Council, in fee simple, until their use has 
been abandoned by the Mayor and City Council. If any person wants to 
remove, alter, or interfere with them, that person must first obtain 
permission from the Mayor and City Council and, in the application for this 
permission, must agree to pay all costs and expenses, of every kind, arising 
out of the removal, alteration, or interference. 

Section 4. And be it further ordained. That no building or 
structure of any kind (including but not limited to railroad tracks) may be 
constructed or erected in or on any part of the street closed under this 
Ordinance until all subsurface structures and appurtenances owned by the 
Mayor and City Council of Baltimore have been abandoned by the Mayor 
and City Council or, at the expense of the person seeking to erect the 
building or structure, have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City. 

Section 5. And be it further ordained. That after the closing 
under this Ordinance, all subsurface structures and appurtenances owned by 
any person other than the Mayor and City Council of Baltimore shall be 
removed by and at the expense of their owners, promptly upon notice to do 
so from the Director of Public Works. 

Section 6. And be it further ordained. That at all times after the 
closing under this Ordinance, the Mayor and City Council of Baltimore, 
acting by or through its authorized representatives, shall have access to the 
subject property and to all subsurface structures and appurtenances used by 
the Mayor and City Council, for the purpose of inspecting, maintaining, 
repairing, altering, relocating, or replacing any of them, without need to 
obtain permission from or pay compensation to the owner of the property. 

Section 7. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



61 



Ord. 99-393 1 998- 1 999 SESSION 

Approved March 9, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-393 
Council Bill 98-856 

An Ordinance Concerning 



City Streets — Closing — Certain Streets and Alleys Bounded 
by Front Street, Hillen Street, Exeter Street, and Gay Street 

For the purpose of condemning and closing of certain streets and alleys 
bounded by Front Street, Hillen Street, Exeter Street, and Gay Street, as 
shown on Plat 349-A-27A in the Office of the Department of Public 
Works; and providing for a special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article n - General Powers 
Sections 2, 34, 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and close certain streets and alleys bounded by Front Street, 
Hillen Street, Exeter Street, and Gay Street; and more particularly described 
as follows: 

Sheet 1 of 1 comprising certain streets and alleys or 
portions thereof lying within the area bounded by Front 
Street, Hillen Street, Exeter Street and Gay Street, said 
streets and alleys are numbered Parcel No. 1 through 
Parcel No. 5 on said Sheet 1 and described as follows: 



62 



998- 1 999 Session Ord. 98-393 



1 . Beginning for Parcel No. 1 at the point formed by the 

intersection of the southwest side of High 
Street, 49.5 feet wide, and the northwest 
side of Gay Street, 70 feet wide, and 
running thence binding on the southwest 
side of said High Street, Northwesterly 
290. 1 feet, more or less, to intersect the 
south side of the Orleans Street Viaduct, 
70 feet wide; thence binding on the south 
side of said Orleans Street Viaduct, 
Easterly 65.7 feet, to intersect the 
northeast side of said High Street; thence 
binding on the northeast side of said High 
Street, Southeasterly 236.5 feet, more or 
less, to intersect the northwest side of Gay 
Street, 79.5 feet wide, and thence by a 
straight line. Southwesterly 50.6 feet, 
more or less, to the place of beginning. 

2. Beginning for Parcel No. 2 at the point formed 

by the intersection of the southwest side of 
High Street, 49.5 feet wide, and the 
southeast side of Hillen Street, 66 feet 
wide, and running thence binding on the 
southeast side of said Hillen Street, 
Northeasterly 49.5 feet to intersect the 
northeast side of said High Street; thence 
binding on the northeast side of said High 
Street, Southeasterly 55.5 feet, to intersect 
the north side of the Orleans Street 
Viaduct, 70 feet wide; thence binding on 
the north side of said Orleans Street 
Viaduct, Westerly 65.7 feet, to intersect 
the southwest side of said High Street, and 
thence binding on the southwest side of 
said High Street, Northwesterly 1 1.8 feet, 
to the place of beginning. 



63 



Ord. 99-393 1 998- 1 999 Session 



3. Beginning for Parcel No. 3 at the point formed 
by the intersection of the southwest side of 
High Street, 49.5 feet wide, and the 
northwest side of Mechanics Court, 20 
feet wide, said point of beginning being 
distant 125.9 feet, more or less, 
southeasterly measured along the 
southwest side of said High Street from 
the southeast side of Hillen Street, 66 feet 
wide, and running thence binding on the 
southwest side of said High Street, 
Southeasterly 20.0 feet to intersect the 
southeast side of said Mechanics Court; 
thence binding on the southeast side of 
said Mechanics Court, Southwesterly 
100.0 feet to the northeast side of 
Mechanics Court, varying in width from 
20 feet to 40 feet; thence binding on the 
northeast side of last said Mechanics 
Court, Southeasterly 10.0 feet to the 
southeast side of Mechanics Court, 40 feet 
wide; thence binding on the southeast side 
of last said Mechanics Court, 
Southwesterly 159.6 feet, more or less, to 
the southwestemmost extremity of last 
said Mechanics Court; thence binding on 
the southwestemmost extremity of last 
said Mechanics Court, Northwesterly 40.1 
feet, more or less, to the northwest side of 
last said Mechanics Court; thence binding 
on the northwest side of last said 
Mechanics Court, Northeasterly 1.2 feet to 
the northeast side of Mechanics Court, 
varying in width; thence binding on the 
northeast, northwest, and southwest sides 
of last said Mechanics Court, the three 
following courses and distances; namely. 
Southeasterly 10.0 feet. Northeasterly 13.3 
feel, and Northwesterly 1 0.0 feet to the 



64 



1998-1999 Session Ord. 99-393 



northwest side of said Mechanics Court, 
40 feet wide; thence binding on the 
northwest side of said Mechanics Court, 
40 feet wide. Northeasterly 142.4 feet, 
more or less, to the northeast side of 
Mechanics Court, varying in width from 
40 feet to 20 feet; thence binding on the 
northeast side of last said Mechanics 
Court, Southeasterly 10.0 feet to the 
northwest side of Mechanics Court, 20 
feet wide, and thence binding on the 
northwest side of last said Mechanics 
Court, Northeasterly 100.0 feet, to the 
place of beginning. 

4. Beginning for Parcel No. 4 at the point formed 
by the intersection of the southwest side of 
High Street, 49.5 feet wide, and the 
southeast side of a 12 foot alley laid out 83 
feet, more or less, northwest of Gay Street, 
70 feet wide, said point of beginning being 
distant 83.1 feet, more or less, 
northwesterly measured along the 
southwest side of said High Street from 
the northwest side of said Gay Street, and 
running thence binding on the southeast 
side of said 12 foot alley. Southwesterly 
91.1 feet, more or less, to the 
south westernmost extremity of said 12 
foot alley; thence binding on the 
south westernmost extremity of said 12 
foot alley. Northwesterly 12.0 feet to the 
northwest side of said 12 foot alley; thence 
binding on the northwest side of said 12 
foot alley. Northeasterly 91.1 feet, more or 
less, to intersect the southwest side of said 
High Street, and thence binding on the 
southwest side of said High Street, 



65 



Ord. 99-393 1 998- 1 999 Session 



Southeasterly 12.0 feet, to the place of 
beginning. 

5. Beginning for Parcel No. 5 at the point formed 

by the intersection of the northeast side of 
Temple Street, 15 feet wide, and the 
southeast side of Hillen Street, 66 feet 
wide, said point of beginning being distant 
80.0 feet southwesterly measured along 
the southeast side of said Hillen Street 
from the southwest side of Exeter Street, 
as now laid out, and running thence 
binding on the northeast side of said 
Temple Street, Southeasterly 206.3 feet, 
more or less, to intersect the north side of 
the Orleans Street Viaduct, 70 feet wide; 
thence binding on the north side of said 
Orleans Street Viaduct, Westerly 19.8 
feet, more or less, to intersect the 
southwest side of said Temple Street; 
thence binding on the southwest side of 
said Temple Street, Northwesterly 193.1 
feet, more or less, to intersect the 
southeast side of said Hillen Street, and 
thence binding on the southeast side of 
said Hillen Street, Northeasterly 15.0 feet, 
to the place of beginning. 

6. Beginning for Parcel No. 6 at the point formed 

by the intersection of the southwest side of 
High Street, 49.5 feet wide, and the south 
side of the Orleans Street Viaduct, 70 feet 
wide, and running thence binding on the 
southwest side of said High Street, 
Southeasterly 6.63 feet, to the south side 
of Orleans Street, 75 feet wide; thence 
binding on the south side of said Orleans 
Street, Westerly 127.62 feet, to the west 
side of Orleans Street, varying in width; 



66 



1 998- 1 999 Session Ord. 99-393 



thence binding on the west, northwest, and 
southwest sides of last said Orleans, the 
three following courses and distances; 
namely, Northerly 2.75 feet. Northeasterly 
2.87 feet, and Northwesterly 0.65 foot to 
the south side of said Orleans Street 
Viaduct, and thence binding on the south 
side of said Orleans Street Viaduct, 
Easterly 120.71 feet, to the place of 
beginning. 

7. Beginning for Parcel No. 7 at the point formed 

by the intersection of the northeast side of 
High Street, 49.5 feet wide, and the south 
side of the Orleans Street Viaduct, 70 feet 
wide, and running thence binding on the 
south side of said Orleans Street Viaduct, 
Easterly 142.13 feet to the northwest 
outline of the property known as No. 
413/417 N. High Street; thence binding on 
said outline and on the southeast side of 
Orleans Street, varying in width, there 
situate, Southwesterly 9.03 feet, to the 
south side of Orleans Street, 81 feet wide; 
thence binding on the south side of last 
said Orleans Street, Westerly 130.15 feet 
to intersect the northeast side of said High 
Street, and thence binding on the northeast 
side of said High Street, Northwesterly 
7.96 feet, to the place of beginning. 

8. Beginning for Parcel No. 8 at the point formed 

by the intersection of the northeast side of 
High Street, 49.5 feet wide, and the north 
side of the Orleans Street Viaduct, 70 feet 
wide, and running thence binding on the 
northeast side of said High Street, 
Northwesterly 6.61 feet to the north side 
of Orleans Street, 81 feet wide; thence 



67 



Ord. 99-393 1 998- 1 999 SESSION 



binding on the north side of said Orleans 
Street, Easterly 206.77 feet, to intersect 
the southwest side of Temple Street, 15 
feet wide; thence binding on the southwest 
side of said Temple Street, Southeasterly 
6.58 feet, to intersect the north side of said 
Orleans Street Viaduct, and thence 
binding on the north side of said Orleans 
Street Viaduct, Westerly 206.72 feet, to 
the place of beginning. 

As delineated on Plat 349-A-27A, prepared by the Survey Control Section 
and filed on May 1 , 1 997, in the year 1 997 in the Office of the Department 
of Public Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and closing of certain streets and alleys bounded by Front 
Street, Hillen Street, Exeter Street, and Gay Street and the rights of all 
interested parties shall be regulated by and in accordance with all applicable 
provisions of state and local law and with all applicable rules and 
regulations adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

Section 3. And be it further ordained. That after the closing 
under this Ordinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore continue to be the 
property of the Mayor and City Council, in fee simple, until their use has 
been abandoned by the Mayor and City Council. If any person wants to 
remove, alter, or interfere with them, that person must first obtain 
permission from the Mayor and City Council and, in the application for this 
permission, must agree to pay all costs and expenses, of every kind, arising 
out of the removal, alteration, or interference. 

Section 4. And be it further ordained, That no building or 
structure of any kind (including but not limited to railroad tracks) may be 
constructed or erected in or on any part of the street closed under this 
Ordinance until all subsurface structures and appurtenances owned by the 
Mayor and City Council of Baltimore have been abandoned by the Mayor 
and City Council or, at the expense of the person seeking to erect the 



68 



1 998- 1 999 Session Ord. 99-394 



building or structure, have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City. 

Section 5. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances owned by 
any person other than the Mayor and City Council of Baltimore shall be 
removed by and at the expense of their owners, promptly upon notice to do 
so from the Director of Public Works. 

Section 6. And be it further ordained. That at all times after the 
closing under this Ordinance, the Mayor and City Council of Baltimore, 
acting by or through its authorized representatives, shall have access to the 
subject property and to all subsurface structures and appurtenances used by 
the Mayor and City Council, for the purpose of inspecting, maintaining, 
repairing, altering, relocating, or replacing any of them, without need to 
obtain permission from or pay compensation to the owner of the property. 

Section 7. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved March 9, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-394 
Council Bill 98-861 



An Ordinance Concerning 

Baltimore City Landmark List — Hecht Company Building 

For the purpose of designating the Hecht Company Building, 1 18 North 
Howard Street, as a historical landmark. 

By adding 

Article 1 - Mayor, City Council, and Municipal Agencies 
Section(s)40(ff)(103) 



69 



Ord. 99-395 1 998- 1 999 SESSION 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Sfction 1. Be it ordained by the Mayor and City Council of 
Baltlmore. That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Commission for Historical and Architectural Preservation 

§ 40. Created; powers; duties. 

(ff) Landmark list. 

The following structures, having been approved by the Planning 
Commission, are hereby declared to be historical or architectural 
landmarks: 

( 1 03) The Hecht Company Building, 1 1 8 North 
Howard Street. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 9, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-395 
Council Bill 98-865 

An Ordinance Concerning 

City Streets — Opening — Pine Street 



70 



1 998- 1 999 Session Ord. 99-395 



For the purpose of condemning and opening Pine Street, extending from 
Baltimore Street Northerly 33 1 .7 feet, more or less, to Fayette Street, as 
shown on Plat 332-A-3B in the Office of the Department of Public 
Works; and providing for a special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article n - General Powers 
Section 2, 34, and 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
BALTIMORE, That the Department of Public Works shall proceed to 
condemn and open Pine Street, extending from Baltimore Street Northerly 
331.7 feet, more or less, to Fayette Street, and more particularly described 
as follows: 

Beginning at the point formed by the intersection of the 
north side of Baltimore Street, 66 feet wide, and the west 
side of Pine Street, 50 feet wide, and running thence 
binding on the west side of said Pine Street, Northerly 
331.8 feet, more or less, to the south side of Fayette Street, 
66 feet wide; thence binding on the south side of said 
Fayette Street, Easterly 50.0 feet to the east side of said 
Pine Street; thence binding on the east side of said Pine 
Street, Southerly 331.7 feet, more or less, to the north side 
of said Baltimore Street, and thence binding on the north 
side of said Baltimore Street, Westerly 50.0 feet to the 
place of beginning. 

As delineated on Plat 332-A-3B, prepared by the Survey Control Section 
and filed on September 4, 1998, in the office of the Department of Public 
Works. 

Section 2. And be it further ordained. That the proceedings for 
the condemnation and opening of Pine Street and the rights of all interested 
parties shall be regulated by and in accordance with all applicable 
provisions of state and local law and with all applicable rules and 
regulations adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 



71 



Ord. 99-396 1 998- 1 999 SESSION 



Section 3. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved March 9, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-396 
Council Bill 98-866 

An Ordinance Concerning 

City Streets — Closing — Pine Street 

For the purpose of condemning and closing Pine Street, extending from 
Baltimore Street Northerly 331.7 feet, more or less, to Fayette Street, as 
shown on Plat 332-A-3C in the Office of the Department of Public 
Works; and providing for a special effective date. 

By authority of 

Article I - General Provisions 

Section 4 

and 

Article 11 - General Powers 

Sections 2, 34, 35 

Baltimore City Charter 

1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltlviore. That the Department of Public Works shall proceed to 
condemn and close Pine Street, extending from Baltimore Street Northerly 
33 1 .7 feet, more or less, to Fayette Street, and more particularly described 
as follows: 

Beginning at the point formed by the intersection of the 
north side of Baltimore Street, 66 feet wide, and the west 
side of Pine Street, 50 feet wide, and running thence 
binding on the west side of said Pine Street, Northerly 
33 1 .8 feet, more or less, to the south side of Fayette Street, 
66 feet wide; thence binding on the south side of said 
Fayette Street, Easterly 50.0 feet to the east side of said 
Pme Street; thence binding on the east side of said Pine 



72 



1 998- 1 999 Session Ord. 99-396 



Street, Southerly 331.7 feet, more or less, to the north side 
of said Baltimore Street, and thence binding on the north 
side of said Baltimore Street, Westerly 50.0 feet to the 
place of beginning. 

As delineated on Plat 332-A-3C, prepared by the Survey Control Section 
and filed on September 4, 1998, in the Office of the Department of Public 
Works. 

Section 2. And be it further ordained. That the proceedings for 
the condemnation and closing of Pine Street and the rights of all interested 
parties shall be regulated by and in accordance with all applicable 
provisions of state and local law and with all applicable rules and 
regulations adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

Section 3. And be it further ordained. That after the closing 
under this Ordinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore continue to be the 
property of the Mayor and City Council, in fee simple, until their use has 
been abandoned by the Mayor and City Council. If any person wants to 
remove, alter, or interfere with them, that person must first obtain 
permission from the Mayor and City Council and, in the application for this 
permission, must agree to pay all costs and expenses, of every kind, arising 
out of the removal, alteration, or interference. 

Section 4. And be it further ordained. That no building or 
structure of any kind (including but not limited to railroad tracks) may be 
constructed or erected in or on any part of the street closed under this 
Ordinance until all subsurface structures and appurtenances owned by the 
Mayor and City Council of Baltimore have been abandoned by the Mayor 
and City Council or, at the expense of the person seeking to erect the 
building or structure, have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City. 

Section 5. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances owned by 
any person other than the Mayor and City Council of Baltimore shall be 
removed by and at the expense of their owners, promptly upon notice to do 
so from the Director of Public Works. 



73 



Ord. 99-397 1 998- 1 999 SESSION 



Section 6. And be it further ordained. That at all times after the 
closing under this Ordinance, the Mayor and City Council of Baltimore, 
acting by or through its authorized representatives, shall have access to the 
subject property and to all subsurface structures and appurtenances used by 
the Mayor and City Council, for the purpose of inspecting, maintaining, 
repairing, altering, relocating, or replacing any of them, without need to 
obtain permission from or pay compensation to the owner of the property. 

Section 7. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved March 9, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-397 
Council Bill 98-867 

An Ordinance Concerning 

City Streets — Opening — Portion of Stockholm Street 
and a 15 Foot Alley 

For the purpose of condemning and opening a portion of Stockholm Street 
contiguous to the south side thereof and extending from Warner Street 
Southeasterly 100.0 feet, more or less, and a 15 foot alley laid out 85 
feet Southeasterly from Warner Street, and extending from Stockholm 
Street, Southwesterly 256.0 feet, more or less, to the end thereof, as 
shown on Plat 341-A-5A in the Office of the Department of Public 
Works; and providing for a special effective date. 

By authonty of 

Article I - General Provisions 
Section 4 

and 
Article n - General Powers 
Section 2, 34, and 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltlmore, That the Department of Public Works shall proceed to 



74 



L 



1 998- 1 999 Session Ord. 99-397 



condemn and open a portion of Stockholm Street contiguous to the south 
side thereof and extending from Warner Street Southeasterly 100.0 feet, 
more or less, and a 15 foot alley laid out 85 feet Southeasterly from Warner 
Street, and extending from Stockholm Street, Southwesterly 256.0 feet, 
more or less, to the end thereof, and more particularly described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the southeast side of Warner Street, 66 feet 
wide, and the southwest side of Stockholm Street, 138 feet 
wide, and running thence binding on the southeast side of 
Warner Street, Northeasterly 12.0 feet, more or less, to 
intersect the southwest side of Stockholm Street, 126 feet 
wide; thence binding on the southwest side of last said 
Stockholm Street, Southeasterly 100.0 feet, more or less, to 
the southeast side of Stockholm Street, varying in width 
from 126 feet to 138 feet; thence binding on the southeast 
side of last said Stockholm Street, Southwesterly 12.0 feet, 
more or less, to the southwest side of Stockholm Street, 
mentioned firstly herein, and thence binding on the 
southwest side of Stockholm Street, mentioned firstly 
herein. Northwesterly 100.0 feet, more or less, to the place 
of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the southwest side of Stockholm Street, 138 
feet wide, and the southeast side of a 1 5 foot alley laid out 
85 feet Southeasterly from Warner Street, 66 feet wide, and 
running thence binding on the southeast side of said 15 
foot alley. Southwesterly 256.0 feet, more or less, to the 
end of the first line of the second parcel of land conveyed 
by G. & G. Realty Corporation, Inc. to J. Fred Glose by 
deed dated December 27, 1988 and recorded among the 
Land Records of Baltimore City in Liber S.E.B. No. 1953, 
Folio 545; thence binding reversely on part of the first line 
of the second parcel of land described in said deed, and on 
the southwestemmost extremity of said 15 foot alley, there 
situate, Northwesterly 15.0 feet, more or less, to the 
northwest side of said 15 foot alley; thence binding on the 
northwest side of said 15 foot alley, Northeasterly 256.0 
feet, more or less, to intersect the southwest side of said 
Stockholm Street, and thence binding on the southwest side 
of said Stockholm Street, Southeasterly 15.0 feet, more or 
less, to the place of beginning. 



75 



Ord. 99-398 1 998- 1 999 Session 



As delineated on Plat numbered 341-A-5A, prepared by the Survey Control 
Section and filed on August 31, 1998, in the office of the Department of 
Public Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and opening of a portion of Stockholm Street and a 15 
foot alley, and the rights of all interested parties shall be regulated by and in 
accordance with all applicable provisions of state and local law and with all 
applicable rules and regulations adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved March 9, 1 999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-398 
Council Bill 98-868 

An Ordinance Concerning 

City Streets — Closing — Portion of Stockholm Street 
and a 15 Foot Alley 

For the purpose of condemning and closing a portion of Stockholm Street 
contiguous to the south side thereof and extending from Warner Street 
Southeasterly 100.0 feet, more or less, and a 15 foot alley laid out 85 
feet Southeasterly from Warner Street, and extending from Stockholm 
Street, Southwesterly 256.0 feet, more or less, to the end thereof, as 
shown on Plat 341-A-5B in the Office of the Department of Public 
Works; and providing for a special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article II - General Powers 
Sections 2, 34, 35 
Baltimore City Charter 
(1996 Edition) 



76 



1998-1999 Session Ord. 99-398 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and close a portion of Stockholm Street contiguous to the south 
side thereof and extending from Warner Street Southeasterly 100.0 feet, 
more or less, and a 15 foot alley laid out 85 feet Southeasterly from Warner 
Street, and extending from Stockholm Street, Southwesterly 256.0 feet, 
more or less, to the end thereof, and more particularly described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the southeast side of Warner Street, 66 feet 
wide, and the southwest side of Stockholm Street, 138 feet 
wide, and running thence binding on the southeast side of 
Warner Street, Northeasterly 12.0 feet, more or less, to 
intersect the southwest side of Stockholm Street, 126 feet 
wide; thence binding on the southwest side of last said 
Stockholm Street, Southeasterly 100.0 feet, more or less, to 
the southeast side of Stockholm Street, varying in width 
from 126 feet to 138 feet; thence binding on the southeast 
side of last said Stockholm Street, Southwesterly 12.0 feet, 
more or less, to the southwest side of Stockholm Street, 
mentioned firstly herein, and thence binding on the 
southwest side of Stockholm Street, mentioned firstly 
herein. Northwesterly 100.0 feet, more or less, to the place 
of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the southwest side of Stockholm Street, 138 
feet wide, and the southeast side of a 15 foot alley laid out 
85 feet southeasterly from Warner Street, 66 feet wide, and 
running thence binding on the southeast side of said 15 
foot alley. Southwesterly 256.0 feet, more or less, to the 
end of the first line of the second parcel of land conveyed 
by G. & G. Realty Corporation, Inc. to J. Fred Glose by 
deed dated December 27, 1988 and recorded among the 
Land Records of Baltimore City in Liber S.E.B. No. 1953, 
Folio 545; thence binding reversely on part of the first line 
of the second parcel of land described in said deed, and on 
the south westernmost extremity of said 15 foot alley, there 
situate, Northwesterly 15.0 feet, more or less, to the 
northwest side of said 15 foot alley; thence binding on the 
northwest side of said 15 foot alley. Northeasterly 256.0 
feet, more or less, to intersect the southwest side of said 
Stockholm Street, and thence binding on the southwest side 



77 



Ord. 99-398 1 998- 1 999 Session 



of said Stockholm Street, Southeasterly 15.0 feet, more or 
less, to the place of beginning. 

As delineated on Plat 341-A-5B, prepared by the Survey Control Section 
and filed on August 31, 1 998, in the Office of the Department of Public 
Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and closing of a portion of Stockholm Street and a 15 foot 
alley, and the rights of all interested parties shall be regulated by and in 
accordance with all applicable provisions of state and local law and with all 
applicable rules and regulations adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Section 3. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore continue to be the 
property of the Mayor and City Council, in fee simple, until their use has 
been abandoned by the Mayor and City Council. If any person wants to 
remove, alter, or interfere with them, that person must first obtain 
permission from the Mayor and City Council and, in the application for this 
permission, must agree to pay all costs and expenses, of every kind, arising 
out of the removal, alteration, or interference. 

Section 4. And be it further ordained, That no building or 
structure of any kind (including but not limited to railroad tracks) may be 
constructed or erected in or on any part of the street closed under this 
Ordinance until all subsurface structures and appurtenances owned by the 
Mayor and City Council of Baltimore have been abandoned by the Mayor 
and City Council or, at the expense of the person seeking to erect the 
building or structure, have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City. 

Section 5. And be it further ordained. That after the closing 
under this Ordinance, all subsurface structures and appurtenances owned by 
any person other than the Mayor and City Council of Baltimore shall be 
removed by and at the expense of their owners, promptly upon notice to do 
so from the Director of Public Works. 

Section 6. And be it further ordained. That at all times after the 
closing under this Ordinance, the Mayor and City Council of Baltimore, 
acting by or through its authorized representatives, shall have access to the 



78 



1998-1999 Session Ord. 99-399 



subject property and to all subsurface structures and appurtenances used by 
the Mayor and City Council, for the purpose of inspecting, maintaining, 
repairing, altering, relocating, or replacing any of them, without need to 
obtain permission from or pay compensation to the owner of the property. 

Section 7. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved March 9, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-399 
Council Bill 98-889 

An Ordinance Concerning 

Motor Vehicle Lessors — Parking Penalties 

For the purpose of providing that motor vehicle lessors are subject to 
penalties for unpaid parking fines; correcting and clarifying certain 
language; and providing for a special effective date. 

By repealing and reordaining, with amendments 
Article 3 1 - Transit and Traffic 
Section(s) 89 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 31 — Transit and Traffic 

Subtitle — Clear Streets 

§ 89. Liability of motor vehicle [renters] LESSORS and other 

registered owners for parking violations [in connection with 
vehicles registered in their names]. 



79 



Ord. 99-399 1 998- 1 999 Session 



(A) Lessor's UABiuTY. 

(1) In this subsection, "lessor" means [Every] a person, 
corporation, firm, agency, association, or organization [which] 
THAT rents or leases motor vehicles. 

(2) A lessor [shall], together with any customer or operator who 
rents or leases a motor vehicle from it, [be] IS jointly and 
severally liable for FINES OR PENALTIES IMPOSED FOR violations 
of [the] parking ordinances [of Baltimore City] committed by 
[any such] THAT customer or operator. [Liability of lessors as 
aforesaid shall be limited to the payment of such fines as may 
be imposed by law.] 

(3) [Where a lessor pays such fine, nothing herein shall] NOTHING 
IN THIS SECTION MAY be construed to prevent [such] THE lessor 
from recovering FROM THE CUSTOMER OR OPERATOR the amount 
of [the] ANY fine OR PENALTY [from said customer or operator] 
PAID UNDER THIS SECTION. 

(B) Registered OWNER'S UABiuTY. 

In any prosecution [charging] OF a violation of any PARKING OR 
STANDING LAW OR regulation [governing the standing or parking of 
a vehicle], proof that the [particular] vehicle described in the 
citation was parked in violation of [any such] THE LAW OR 
regulation, together with proof that the defendant named in the 
citation was at the time of [such parking] VIOLATION the registered 
owner of [such] THE vehicle, [shall constitute in evidence] 
CONSTITUTES a prima facie presumption that the registered owner 
of [such] THE vehicle was the person who parked [such] THE vehicle 
at the point where and for the time during which [such] THE 
violation occurred. 

Section 3 2. And be it further ordained, That the catchlines 
contamed in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted, and applies to any parking violation issued 
before that date that is unsatisfied 180 days after that date. 



80 



Approved March 9, 1999 



1 998- 1 999 Session Ord. 99-400 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-400 
Council Bill 98-888 

An Ordinance Concerning 

Parking Fine Penalty 



For the purpose of increasing the penalty on unpaid parking fines; and 
correcting and conforming certain language. 

By repealing and reordaining, with amendments 

Article 3 1 - Transit and Traffic 

Section(s) 154 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 31 — Transit and Traffic 

Subtitle — Parking and Stopping Fines, Penalties and Procedures 

§ 154. Imposition of penalties. 

(a) [In the event that the] If a person [receiving] who 
receives a citation for a violation has failed to pay the 
appropriate fme for the violation by the date of payment set 
forth on the citation and has failed to file a notice of [his] 
intention to stand trial for [such] the offense, a formal 
notice of the violation shall be sent to the owner's last 
known address. 

(B) If, within [fifteen (15)] 15 days from the date of the notice, the 
citation has not been satisfied, [he shall be] THE person who 
received the citation is liable for [a] the following penalty 



Ord. 99-40 1 1 998- 1 999 SESSION 



[of $8] for each month or [fraction thereof until said] PART OF A 
MONTH THE Citation [is satisfied.] REMAINS UNSATISRED: 

( 1 ) THROUGH June 30, 1 999, $8; 

(2) effective July 1, 1999, and through June 30, 2000, $12; 

AND 

(3) EFFECTIVE July 1, 2000, $16. 

(C) [In the event that] IF THE CiTY HAS REQUESTED the State 
Motor Vehicle Administration [is requested] to refuse 
registration or transfer of registration of the subject vehicle 
until the charge has been satisfied, a further penalty of $25 
[shall be] IS imposed. 

(D) These penalties [shall be] ARE in addition to and TO be 
collected in the same manner as all fines imposed under 
[Section] § 152. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

SECTION 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 17, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-401 
Council Bill 98-797 

An Ordinance Concerning 

Metropolitan District of Baltimore County — 
Extension 135 

For the purpose of consenting to and approving a petition to extend the 
Metropolitan District of Baltimore County to a certain tract of land; and 
providing for a special effective date. 



82 



1 998- 1 999 Session Ord. 99-402 



By authority of 
Chapter 539 
Acts of the General Assembly of 1 924 

and 

Chapter 515 

Acts of the General Assembly of 1955 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore consents to and 
approves the petition to extend the Metropolitan District of Baltimore 
County to a tract of land, consisting of approximately 7.85 acres, located in 
the 2C3 Election District of Baltimore County in the vicinity of Winands 
Road between Hanwell Road and Daylilly Court, as more particularly 
shown on the plat labeled Extension 135 and filed with the Department of 
Public Works of Baltimore County. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 18, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-402 
Council Bill 98-828 

An Ordinance Concerning 

Acquisition of Property — For Expansion of the 
Patapsco Wastewater Treatment Plant 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
acquire, by purchase or condemnation, the fee simple or other interests 
in certain property located in Ward 25, Section 7, Blocks 7377, 7378, 
7380, 7381, 7384, and 7385, and needed for the expansion of the 
Patapsco Wastewater Treatment Plant; and providing for a special 
effective date. 



83 



Ord. 99-402 1 998- 1 999 SESSION 



By authority of 

Article I - General Provisions 
Section 4 

and 
Article II - General Powers 
Sections 2 and 31 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire, for the expansion of the 
Patapsco Wastewater Treatment Plant, the fee simple or other interests that 
the Director of Public Works considers needed or sufficient in the land and 
improvements located in Ward 25, Section 7, Blocks 7377, 7378, 7380, 
7381, 7384, and 7385, and more particularly described as follows: 

Beginning for the same at the point formed by the 
intersection of the north side of Southport Avenue, 40 feet 
wide and the east side of Fourth Avenue, 60 feet wide and 
running thence binding on the east side of said Fourth 
Avenue, Northerly 803 feet, more or less, to intersect the 
line of the north outline of the property known as No. 3601 
Leo Street, if projected westerly; thence binding in part 
reversely on the line of said north outline, so projected, in 
part on said north outline, and in all. Easterly 314 feet, 
more or less, to the west side of a 14 foot alley, laid out in 
the rear of the properties known as Nos. 3601 through 3813 
Leo Street; thence binding on the west side of said 14 foot 
alley. Southerly 803 feet, more or less, to intersect the 
north side of said Southport Avenue, and thence binding on 
the north side of said Southport Avenue, Westerly 314 feet, 
more or less to the place of beginning. 

Comprising the properties known as Nos. 3601 through 3829 
Fourth Avenue, Nos. 3700 through 3830 Leo Street, and Nos. 3601 through 
3813 Leo Street. 

Together with all right, title, interest, and estate that the owners of those 
properties have in all streets, alleys, ways, or lanes, public or private, 
contained within or abutting the property. 

SEcnriON 2. And be it further ordained, That the Department of 
Real Estate, or any other person or agency that the Board of Estimates 

84 



1 998- 1 999 Session Ord. 99-403 



designates, may negotiate and acquire on behalf of the Mayor and City 
Council of Baltimore the fee simple or other interests in the land and 
improvements described in this Ordinance as needed or sufficient for the 
purposes described in this Ordinance. If the Department of Real Estate, or 
the person or agency otherwise designated by the Board of Estimates, is 
unable to agree with the owner on the purchase price for the property, it 
shall promptly notify the City Solicitor, who shall institute the necessary 
legal proceedings to acquire by condemnation the fee simple or other 
interests needed or sufficient for the purposes described in this Ordinance. 

Section 3. And be it further ordained, That proceedings for the 
acquisition by condemnation of the property described in this Ordinance 
and all rights of all parties interested or affected shall be in accordance with 
Title 12 of the Real Property Article of the Maryland Code. 

Section 4. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted April 1, 1999 . 

Approved March 18, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-403 
Council Bill 98-860 

An Ordinance Concerning 



Sale of Property — Northwest Corner of Mertens Avenue and 
South Clinton Street (Block 1903C, Lot 002B) 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located at the northwest comer of Mertens Avenue and South Clinton 
Street and no longer needed for public use; and providing for a special 
effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 



85 



Ord. 99-404 1 998- 1 999 SESSION 



Section 1 . Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in the property located at the 
northwest comer of Mertens Avenue and South Clinton Street, and more 
particularly described as follows: 

The subject parcel (Block 1903C, Lot 002B) is basically 
triangular in shape. Frontage along 229+ feet on the west 
side of South Clinton Street and 156+ feet along the north 
side of Mertens Avenue, and containing 0.41 1 acres more 
or less, 

containing 17,903+ square feet, more or less, this property being no longer 
needed for public use. 

Section 2. And be it further ordained. That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved March 18, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-404 
Council Bill 98-869 



An Ordinance Concerning 

Franklintown Historical and Architectural Preservation District 

For the purpose of designating the area located within certain boundaries as 
the Franklintown Historical and Architectural Preservation District ; and 
providing for a special effective date . 



86 



998- 1 999 Session Ord. 99-404 



By adding 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 40(uu) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Commission for Historical and Architectural Preservation 

§ 40. Created; powers; duties. 

(uu) Frankuntown Historical and Architectural Preservation 
District. 

The area located within the following boundaries is 
declared to be the Franklintown Historical and 
Architectural Preservation District: 

Beginning for the same at the point formed by the 
intersection of the southeast side of Forest Park 
Avenue and the centerline of Carmine Avenue, and 
running thence binding on the centerline of carmine 
Avenue, Southeasterly 1240 feet, more or less, to the 
northeast outline of the property known as no. 1813 
Beechwood Avenue; thence binding on the northeast 
outline of no. 1813 beechwood avenue, southeasterly 
265 feet, more or less; thence binding on the southeast 
outline of the properties known as nos. 1813 and 1 807 
Beechwood Avenue and No. 5000 Division Street and the 

LINE OF THE SOUTHEAST OUTLINE OF NO. 5000 DIVISION 

Street, if projected southwesterly crossing Division 
Street and Franklintown Road, Southwesterly 950 
feet, more or less, to the southwest outline of the 
property known as lot 2 of ward 28 section 5 block 
7900-g ; thence binding on the southwest outline of last 
said property the six following courses and distances: 
NAMELY, Northwesterly 665 feet, more or less. 



87 



Ord. 99-405 1 998- 1 999 SESSION 



Southerly 171 feet, more or less, Southwesterly 1 16 
feet, more or less, northwesterly 99 feet, more or less, 
Northwesterly 1 32 feet, more or less, and 
Northwesterly 2 1 1 feet, more or less, to the Western 
Boundary Line of Baltimore City; thence binding on the 
Western Boundary line of Baltimore City, Northerly 
1 550 feet, more or less, to the southwest side of a 1 5 
foot path laid out 95 feet northeast of powhattan 
Street; thence binding on the southwest side of said 
path and on the line of the southwest side of said path, if 
projected southeasterly, southeasterly 145 feet, more 
or less, to intersect the line of the southeast side of 
ViNEwooD Place, if projected southwesterly; thence 

BINDING reversely ON THE LINE OF THE SOUTHEAST SIDE OF 

ViNEwooD Place, so projected, and on the southeast side 
OF VINEWOOD Place, Northeasterly 70 feet, more or less, 

TO THE NORTHEAST OUTLINE OF THE PROPERTY KNOWN AS NO. 

1815 VINEWOOD Place; thence binding on the northeast 
outline of the properties known as no. 1815 vinewood 
Place and No. 1 8 1 4 N. Forest Park Avenue and on the 
line of the northeast outline of the property known as 
No. 1 8 1 4 N. Forest Park Avenue, if projected 
southeasterly, southeasterly 330 feet, more or less, to 
intersect the southeast side of forest park avenue and 
thence binding on the southeast side of forest park 
Avenue, Northeasterly 358 feet, more or less, to the 
place of beginning. 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on th e 30th day aft e r the date it is enacted. 

Approved March 18, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 

ORDINANCE 99-405 
Council Bill 98-795 



88 



1 998- 1 999 Session Ord. 99-405 



An Ordinance Concerning 

Supplementary Federal Grant Fund Operating Appropriation — 
Police Department — $3,500,000 

For the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation in the amount of $3,500,000 to the Police 
Department — Program 201 (Field Operations Bureau), to provide 
funding for 100 police officer positions; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
U.S. Department of Justice in excess of the revenue relied on by the Board 
of Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

That grant could not have been expected with reasonable certainty when 
the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

On August 12, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,500,000 shall be made available to the Police 
Department — Program 201 (Field Operations Bureau) as a Supplementary 
Federal Grant Fund Operating Appropriation for Fiscal Year 1999, to 
provide funding for 100 police officer positions. The source of revenue for 
this appropriation is the grant from the U.S. Department of Justice, COPS 
project in excess of the amount from this source that was relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



89 



Ord. 99-406 1 998- 1 999 Session 

Approved March 24, 1 999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-406 
Council Bill 98-841 

An Ordinance Concerning 



Zoning — Conditional Use Open Off-Street Parking Area — 
2516 and 2520 Linden Avenue 

For the purpose of permitting, subject to certain conditions, the 

estabhshment, maintenance, and operation of an open off-street parking 
area, other than accessory, for the parking of four or more automobiles, 
on the property known as 2516 and 2520 Linden Avenue, as outlined in 
red on the accompanying plat ; and providing for a special effective 
date . 

By authority of 

Article 30 - Zoning 

Section(s) 4.7-ld-4 and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of an open off-street parking area, other than 
accessory, for the parking of four or more automobiles, on the property 
known as 2516 and 2520 Linden Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.7-ld-4 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

1. the Plot Plan, dated as revised March 9, 1999. is incorporated as 

part of this Ordinance; 

2. any modification of the Plot Plan requires approval by the 

Planning Department; and 



90 



1 998- 1 999 Session Ord. 99-407 



3. the parking area compli e s must comply with all applicable 
federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 24, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-407 
Council Bill 98-858 

An Ordinance Concerning 

Planned Unit Development — Amendment — 
Baltimore Travel Plaza and Baltimore Port Truck Plaza 

For the purpose of approving certain amendments to the Baltimore Travel 
Plaza and Baltimore Port Truck Plaza Planned Unit Development. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-4 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 



91 



Ord. 99-407 1 998- 1 999 SESSION 



Recitals 

By Ordinance 86-688, as amended by Ordinance 93-160, the Mayor and 
City Council approved the apphcation of Baltimore Travel Plaza Limited 
Partnership (the "Travel Plaza") and the Baltimore Port Truck Plaza Limited 
Partnership (the "Truck Plaza") to have certain property located near 
O'Donnell Street and the O'Donnell Street Cut-Off designated as a Business 
Planned Unit Development. 

The Travel Plaza and the Truck Plaza wish to amend Ordinance 86-688, 
as amended by Ordinance 93-160, to provide for a drive-through window 
for Dunkin Donuts Restaurant, located at the intersection of Interstate 
Avenue and O'Donnell Street Cut-Off, on the Travel Plaza portion of the 
Planned Unit Development. 

On October 28, 1998, representatives of the Travel Plaza and Truck 
Plaza met with the Department of Planning for a preliminary conference, to 
explain the scope and nature of the proposed amendments to the Planned 
Unit Development. 

The representatives of the Travel Plaza and the Truck Plaza have 
applied to the Baltimore City Council for approval of these amendments 
intended to satisfy the requirements of Article 30, §§ 12.0-1 and 12.0-4 of 
the Baltimore City Code. 

Section 1. Be it ordained by the Mayor and City Council of 
B.ALTIMORE, That a new Section 3. is added to Ordinance 86-688, as 
amended by Ordinance 93-160, to read as follows: 

Section 3. And be it further ordained. That there may be 

TWO drive-in restaurants with drive-through windows LOCATED 

ON THE Travel Plaza portion of the Planned Unit Development. 

Section 2. And be it further ordained, That Sections 3 through 5 
of Ordinance 86-688, as amended by Ordinance 93-160, are renumbered to 
be Sections 4 through 6. 

Section 3. And be it further ordained. That all plans for the 
construction of permanent improvements on the property must be reviewed 
by the Planning Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 



92 



1 998- 1 999 Session Ord. 99-408 



Section 4. And be it further ordained, That the Planning 
Department may determine what constitutes minor or major modifications 
to the Plan. Minor modifications require approval by the Planning 
Commission. Major modifications require approval by Ordinance. 

Section 5. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved March 24, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-408 
Council Bill 99-917 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Police Department — $668,441 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $668,441 to the Police Department — 
Program 201 (Field Operations Bureau), to provide funding for the City 
local match for a U.S. Department of Justice grant; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds in excess 
of the revenue relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1999. 

This additional revenue could not have been expected with reasonable 
certainty when the Ordinance of Estimates for Fiscal Year 1999 was 
formulated. 



93 



Ord. 99-409 1 998- 1 999 Session 



This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On January 27, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $668,441 shall be made available to the Police 
Department — Program 201 (Field Operations Bureau) as a Supplementary 
General Fund Operating Appropriation for Fiscal Year 1999, to provide 
funding for the City local match for a U.S. Department of Justice grant. The 
source of revenue for this appropriation is the Fiscal 1998 fund balance in 
excess of the amount from this source that was relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved March 24, 1999 

KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-409 
Council Bill 99-918 

An Ordinance Concerning 



Supplementary Federal Grant Fund Operating Appropriation — 
Police Department — $2,005,323 

For the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation in the amount of $2,005,323 to the Police 
Department — Program 201 (Field Operations Bureau), to provide 
funding to acquire communication technology equipment for police 
cars; and providing for a special effective date. 



94 



1 998- 1 999 Session Ord. 99-4 1 



By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
U.S. Department of Justice in excess of the revenue relied on by the Board 
of Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

That grant could not have been reasonably anticipated when the 
Ordinance of Estimates for Fiscal Year 1999 was formulated. 

On January 27, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $2,005,323 shall be made available to the Police 
Department — Program 201 (Field Operations Bureau) as a Supplementary 
Federal Grant Fund Operating Appropriation for Fiscal Year 1999, to 
provide funding to acquire communication technology equipment for police 
cars. The source of revenue for this appropriation is a grant from the U.S. 
Department of Justice, COPS project, in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1 999. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved March 24, 1999 

Kurt L. Schmoke, Mayor 



CriY of Baltimore 
Ordinance 99-410 
Council Bill 98-857 

An Ordinance Concerning 



I 



95 



Ord. 99-4 1 1 998- 1 999 SESSION 



Franchise — A Chilled Water Distribution 
System Serving the City of Baltimore 

For the purpose of repealing Ordinance 95-624, approved November 29, 
1995, and as amended by Ordinance 98-249, approved March 24, 1998, 
and authorizing the District Chilled Water General Partnership, a 
general partnership, its successors and assigns, to construct, lay, 
operate, and maintain subways and pipe lines upon, over, under, and 
along certain streets, lanes, and alleys in the City of Baltimore; and 
providing for a special effective date. 

Recitals 

Ordinance 95-624 of the Mayor and City Council of Baltimore, 
approved November 29, 1995, and as amended by Ordinance 98-249 of the 
Mayor and City Council of Baltimore, approved March 24, 1998, authorized 
Baltimore Gas and Electric Company ("BGE") to construct, lay, operate, 
and maintain subways and pipe lines upon, under, and along certain streets, 
lanes, and alleys in the City of Baltimore for the purpose of transmitting 
heat or refrigeration or both. 

BGE and Monumental Investment Corporation are the majority (60%) 
and minority (40%) owners, respectively, of the District Chilled Water 
General Partnership ("Partnership"), which engages in the business of 
constructing, owning, and operating facilities in the City of Baltimore to 
produce, store, and sell chilled water for use in air conditioning to 
municipal, state, federal, and commercial customers. 

The District Chilled Water General Partnership desires to construct, 
own, and operate a chilled water distribution system, upon, over, under, and 
along certain streets, lanes, and alleys in the City of Baltimore for the 
purpose of transmitting refrigeration. 

The Partnership has applied for a grant of a franchise for the purpose of 
transmitting chilled water. 



96 



1 998- 1 999 Session Ord. 99-4 1 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission be and it is hereby granted to District Chilled 
Water General Partnership, a general partnership (hereinafter called 
"Grantee"), its successors and assigns, to construct, lay, operate, and 
maintain subways and pipe lines, including the necessary roadway frames, 
valve boxes, pipes, manholes, and other appurtenances, over or under the 
surface of the streets, lanes, and alleys of the City of Baltimore or any of 
them, within the district hereinafter designated, or such other streets outside 
said district and contiguous to or connecting therewith as the Board of 
Estimates may, by written permission issued by them, authorize and 
designate upon application by Grantee for the purpose of transmitting 
refrigeration. 

The use of the public streets, lanes, or alleys of the City of Baltimore 
shall be under such regulations affecting the general supervision and 
maintenance of the public streets, lanes, and alleys of Baltimore City as are 
now or shall be hereafter prescribed by law and the ordinances of said City; 
the franchises and permission hereby granted to be exercised, used, and 
enjoyed along the streets, lanes, or alleys, or such of them as the said 
Grantee, its successors and assigns, shall select, within the following district 
and such other streets and alleys outside said district as the Board of 
Estimates shall approve; viz: beginning at the intersection of 1-83 and 
Lanvale Street, and extending southeasterly along 1-83 to Biddle Street, 
thence easterly along Biddle Street to Collington Avenue, thence southerly 
along Collington Avenue to Fleet Street, thence westerly along Fleet Street 
to Ann Street, thence southerly along Ann Street to Thames Street, thence 
southwesterly along Thames Street to the Baltimore Harbor and continuing 
in a straight line shown on the attached Plat, which is appended hereto and 
marked Attachment A, to the beginning point at Key Highway, thence south 
along Key Highway to 1-95, thence westerly along 1-95 to Monroe Street, 
thence northwesterly along Monroe Street to Washington Boulevard, thence 
northeasterly along Washington Boulevard to Carey Street, thence northerly 
along Carey Street to Lanvale Street, thence northeasterly along Lanvale 
Street to the beginning point at the intersection with 1-83; the boundaries of 
the aforesaid district (as described above) are designated on the attached 
plat. 

Authority is hereby granted to said Grantee, its successors and assigns, 
to connect any buildings, warehouses, houses, or dwellings along or upon 



97 



Ord. 99-4 1 1 998- ] 999 SESSION 



such streets, lanes, and alleys with its pipes or mains laid over or under the 
surface thereof. 

Section 2. And be it further ordained, That the said Grantee is 
hereby particularly authorized without, however, any derogation from the 
general grant of franchise herein, or of other provisions of this Ordinance, to 
install and/or operate and maintain the subways and pipe lines, including 
the necessary roadway frames, valve boxes, pipes, manholes, and other 
appurtenances in said streets, lanes, or alleys, or any of them, provided that 
this privilege and right shall only apply to such subways and pipe lines, 
including the necessary roadway frames, valve boxes, pipes, manholes, and 
other appurtenances within the heretofore described district and described 
streets outside the described district and as to any and all future subways 
and pipe lines, or extensions and appurtenances thereto, sought to be laid 
and maintained outside the heretofore described streets, said Grantee shall 
apply to and receive the approval of the Board of Estimates therefor as 
specified in Section 1 of this Ordinance. 

Section 3. And be it further ordained. That the Board of 
Estimates is hereby authorized and empowered to grant permission to said 
Grantee, its successors and assigns, to construct, lay, operate, and maintain 
subways and pipe lines, including the necessary roadway frames, valve 
boxes, pipes, manholes, and other appurtenances, over and under the 
surface of such other streets, lanes, and alleys not within the district and 
described streets specially designated in Section 1 of this Ordinance, as they 
shall from time to time decide to be expedient and proper. 

Section 4. And be it further ordained. That before exercising any 
of the privileges hereby granted, or exercising any extension thereof granted 
by the Board of Estimates as designated herein but not yet exercised, the 
said Grantee, its successors and assigns, shall cause to be filed in the office 
of the Director of Public Works, before doing any of said work, a plan 
showing the streets, lanes, and alleys so to be used by it under this 
Ordinance, and showing also the location and character of the proposed 
work then in contemplation; and all work to be done by it under this 
Ordinance, when said plans shall have been approved by the Director of 
Public Works, shall be performed to the satisfaction of the Director of 
Public Works. 



98 



1 998- 1 999 Session Ord. 99-4 1 



Section 5. And be it further ordained, That whenever work shall 
be done under this Ordinance or repairs put upon said work, or any of it, or 
whenever said work or any of it shall be altered, relocated, or removed, the 
said Grantee, its successors and assigns, shall be responsible for the 
restoration of all portions of any streets, lanes, or alleys, which shall be 
disturbed in the doing of such work or repairs, to the same condition that it 
or they was or were in before such disturbance, and shall be responsible for 
the paving over all excavations made by it for a period of 2 years thereafter, 
all paving and repairing to be done by the Director of Public Works as 
directed by the Director of Public Works or by parties employed by him, 
and the total cost thereof to be paid by the said Grantee, its successors and 
assigns. In case the said Grantee, its successors and assigns, become non- 
users of the pipes after laying the same, it shall remove said pipes from the 
streets without cost to the City of Baltimore, upon 60-day s notice given by 
the Director of Public Works. 

Section 6. And be it further ordained, That said Grantee, its 
successors and assigns, shall, at all times, be subject to such license, taxes, 
assessments and charges as may be duly and lawfully imposed upon 
persons, firms and corporations engaged in the business of supplying 
refrigeration, and for that purpose using the streets, lanes, and alleys of the 
City. It shall also be subject to the City ordinances now in existence or 
which may hereafter be lawfully passed, relating to the use of public streets, 
lanes, or alleys, or relating to the work of putting subways or pipe lines 
above or under ground and maintaining the same. 

Section 7. And be it further ordained, That the said Grantee, its 
successors and assigns, shall not at any time excavate or encumber more of 
any street, lane or alley, within the district or streets described in Section 1 
of this Ordinance, or that may be designated in any permission that shall 
hereafter be granted to it by the Board of Estimates, as provided in Section 3 
of this Ordinance, than shall be necessary to enable it to perform with 
proper economy the work of laying said subways or pipe lines, nor shall it 
permit such excavation or encumbrance to remain for a longer period than 
shall be reasonably necessary to do the work for which such excavation 
shall have been made, and it shall promptly obey and comply with the 
directions of the Director of Public Works in the efficient and diligent 
performance of said work to minimize public inconvenience. 



99 



Ord. 99-4 1 1 998- 1 999 Session 



Section 8. And be it further ordained. That said subways and 
pipe lines shall be laid at least 2 feet below the surface of said streets, lanes, 
or alleys, and shall be so laid as not to obstruct or interfere unnecessarily 
with public travel, or to do damage to public or private property whilst the 
work of excavation and laying and constructing said subways and pipe lines 
shall be going on; provided, however, that the sizes and dimensions of the 
conduits in which the said refrigerating pipes are laid and enclosed shall be 
subject to the approval of the Director of Public Works as to each street, 
lane, or alley, or section thereof, in which said conduits are to be laid or 
renewed from time to time; and provided further that the transverse cross 
section of the conduits in which the said refrigerating pipes are laid and 
enclosed shall in no case be of greater horizontal or vertical dimensions 
than 4 feet. 

Section 9. And be it further ordained. That nothing in this 
Ordinance shall be construed to give to the said Grantee, its successors and 
assigns, an exclusive right to occupy any of the streets, lanes, or alleys 
embraced in and covered by the terms of this Ordinance, nor to prevent the 
Mayor and City Council of Baltimore from granting similar privileges to 
any other person or company, nor to prevent the Mayor and City Council of 
Baltimore from granting to such other person or company the privilege of 
laying subways, pipe lines, ducts, or conduits in juxtaposition to those 
embraced in this Ordinance. 

Section 10. And be it further ordained. That the said Grantee, its 
successors and assigns, shall be liable for and shall indemnify and save 
harmless the Mayor and City Council of Baltimore against any and all suit 
or suits, losses, claims, demands, damages, costs, and/or expenses to which 
said Mayor and City Council may from time to time be subjected to by 
reason of, or in anywise resulting from: A. the presence, construction, use, 
operation, maintenance, alteration, repair, location, relocation, and/or 
removal of said subways and pipe lines and appurtenances, or any of them, 
and whether such suit or suits, losses, claims, demands, costs, and/or 
expenses be against, suffered or sustained by other corporations and persons 
to whom the said Mayor and City Council may become liable therefor; B. 
the relocation, abandonment, or adjustment of any utilities; and C. any 
failure on the part of said Grantee, its successors and assigns, to perform 
promptly and properly any of the duties or obligations imposed upon it or 
them by the terms and provisions of this Ordinance. 



100 



1 998- 1 999 Session Ord. 99-4 1 



Section 11. And be it further ordained, That the said Grantee, its 
successors and assigns shall, upon notification by the Director of Public 
Works or other proper municipal official, that the City intends to repair, 
relocate, alter or lay sewers, water or other pipes, or wires or other 
municipal construction belonging to the City of Baltimore, at once proceed 
to remove, relocate, or alter any of its subways or pipe lines that may 
interfere with the progress of such work by the Director of Public Works or 
other proper municipal official, or else, at the option of the Director of 
Public Works, protect the same, at its expense and without cost to the City, 
and if at any time or times hereafter in the performance of any public work 
(whether the said work be performed and/or financed, either in whole or in 
part, by the City, the State, and/or the federal government, or any of their 
agencies), the said Director of Public Works shall in his judgment 
determine that the public interest, convenience, safety, and/or welfare 
require the adjusting, altering, shifting, moving, relocating, supporting, 
protecting, and/or accommodating of any or all of said subways, pipe lines, 
and appurtenances the said Grantee, its successors and assigns, shall, in any 
and all such cases promptly upon written notice from the Director of Public 
Works and at the entire cost and expense of the said Grantee, its successors 
and assigns, adjust, alter, shift, move, relocate, support, protect and/or 
accommodate their said subways, pipe lines, and appurtenances, in whole or 
in part and temporarily or permanently, so as to fully meet the exigencies 
occasioning such notice. And further, in the event that Grantee, its 
successors and assigns, shall, in the construction, prosecution or repair of its 
work injure any sewer, water or other pipes, wires, or facilities belonging to 
the City, the City may repair the same at the cost and expense of said 
Grantee. 

Section 12. And be it further ordained, That the said Grantee, 
for and on behalf of itself, its successors and assigns, shall, within 6 months 
after the enactment of this Ordinance, accept the same in writing, which 
acceptance shall be filed in the Office of the Comptroller of the City within 
said period of 6 months. 

Section 13. And be it further ordaeved, That the said Grantee, its 
successors and assigns, shall be entitled to charge all persons and 
corporations to whom it shall furnish refrigeration under this ordinance such 
sum or sums, its rates being fair and reasonable, for such refrigeration as it 
may establish. 



101 



Ord. 99-4 1 1 998- 1 999 SESSION 



Section 14. And be it further ordained, That the franchises and 
privileges hereby granted are granted subject to the rights of the Mayor and 
City Council of Baltimore as expressed and reserved in the Baltimore City 
Charter. In the event of a conflict between this Ordinance and the 
Baltimore City Charter, the Baltimore City Charter shall prevail. 

Section 15. And be it further ordained, That the Mayor and City 
Council of Baltimore hereby expressly reserves the right and power, at all 
times, to exercise, in the interest of the public, full municipal 
superintendence, regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms hereof. The franchise 
herein granted shall be held, exercised and enjoyed within 6 months after 
the grant for a period of 4^ 10 years from the effective date of this 
ordinance, with the further right to the Grantee, at a fair revaluation, 
including in such revaluation the value derived from said right to 25 
consecutive 1-year renewals of the franchise, each such renewal to be for a 
period of 1 year, upon the same terms and conditions as the original 44 iO- 
year grant, except as otherwise provided herein. Each 1-year renewal 
period shall take effect immediately upon the expiration of the original or 
renewal term then in force, without any action being taken on behalf of 
either the Mayor and City Council of Baltimore or the Grantee, but the total 
period of time during which the franchise shall operate insofar as all 
renewals are concerned, shall not exceed, in the aggregate, 25 years. 
Provided, that beginning in 2009, with the expiration of the original 44- JjO- 
year term under this franchise, and each year thereafter for the duration of 
the franchise herein granted, the Mayor and City Council of Baltimore, 
acting by and through the Board of Estimates, may increase or decrease the 
franchise charge payable by the Grantee under the provisions hereof, by 
giving written notice to that effect to the Grantee at least 150 days prior to 
the expiration of the original 4-4- iO-year term granted herein or any yearly 
renewal term herein granted and then in effect; any such increase or 
decrease of said franchise charge to be operative as to all yearly renewal 
terms herein granted which become effective after any increase or decrease 
in said franchise charge has occurred. 

Section 16. And be it further ordained. That it is hereby agreed 
by said Grantee for itself, its successors and assigns, to pay annually to the 
Mayor and City Council of Baltimore as compensation for the use and 
occupation by them of the streets, lanes, and alleys of the City under the 



102 



I 



1 998- 1 999 Session Ord. 99-4 1 



terms of this Ordinance, in lieu of an easement tax, the sum of \2 cents per 
hneal foot of conduit (exclusive of house connections), for all subways and 
pipe lines when the transverse horizontal dimension of the conduits in 
which the refrigerating pipes are laid and enclosed does not exceed 24 
inches, and the sum of 23 cents per lineal foot of conduit when such 
transverse cross section of the conduits is in excess of 24 inches. 

Section 17. And be it further ordained, That in consideration of 
the grant of the franchises conferred by this Ordinance, the said Grantee, its 
successors and assigns, shall pay to the City Comptroller for the benefit of 
the Mayor and City Council of Baltimore, the sum of $ 11.659 , the said sum 
to be paid within 5 business days after approval by the Mayor of this 
Ordinance. 

Section 18. And be it further ordained, That the said Grantee, its 
successors and assigns, shall maintain the subways and pipe lines for which 
the franchise is herein granted in good condition throughout the full term of 
this grant and so long as said subways and pipe lines shall exist within the 
designated district or such streets and alleys outside said district as the 
Board of Estimates shall approve. 

Section 19. And be it further ordained. That material non- 
compliance by said Grantee at any time or times, with any of the terms or 
conditions of the grant hereby made shall, at the option of the City of 
Baltimore, operate as a forfeiture of said grant, and the City of Baltimore, 
acting by and through the Director of Public Works, may terminate the 
license granted herein where said Grantee is in material breach of its duties 
and obligations hereunder and said Grantee fails to commence to cure such 
breach or non-compliance as soon as practicable but in no event longer than 
30 days of receipt by said Grantee from the City of Baltimore of written 
notice to cure any such breach or non-compliance. In the event of a failure 
by Grantee to cure any such breach or non-compliance within such 30-day 
period nothing, other than an ordinance of the City of Baltimore, shall 
operate as a waiver of any termination or forfeiture of the grant hereby 
made, and the said Grantee hereunder, its successors and assigns, shall, at 
its or their expense, remove the subways, pipe lines, etc. for which the 
franchise is herein granted. 



103 



Ord. 99-4 1 1 998- 1 999 SESSION 



Section 20. And be it further ordained, That the Mayor of 
Baltimore City shall have the right to revoke, by giving written notice to that 
effect to the Grantee at least 90 days prior to the effective date thereof, at 
any time or times, the rights and privileges hereby granted in any specific 
public streets, lanes, or alleys when, in his judgment, the public interest, 
welfare, safety, or convenience requires such revocation. In the event of 
such revocation, the said Grantee hereunder, its successors and assigns, 
shall, at its or their expense, relocate the subways, pipe lines, etc. to other 
public streets, lanes, or alleys within the heretofore described district or to 
streets outside the described district if the procedure specified in Section 1 
of this Ordinance is followed. 

Section 21. And be it further ordained, That any removal caused 
by a forfeiture under Section 19 of this Ordinance and any relocation caused 
by a revocation under Section 20 of this Ordinance shall be performed in a 
manner satisfactory to the Housing Commissioner, Department of Housing 
and Community Development, and the Director of Public Works of 
Baltimore City and shall be completed within such reasonable time as shall 
be specified in writing by the said Director of Public Works. 

Section. 22. And be it further ordained. That Grantee shall have 
the right to assign this franchise, in whole or in part, provided however that 
( 1 ) any assignee agrees to be legally bound by the obligations, terms, and 
conditions of this franchise and any assignee shall enter into a contract with 
Grantee agreeing to be personally liable for all of the obligations of the 
original Grantee under this franchise, which contract must be submitted to 
and approved by the Director of Public Works; and (2) that any assignment 
of this franchise by Grantee shall not excuse or relieve the original Grantee 
from any of its obligations under this franchise. 

Section 23. And be it further ordained, That Ordinance 95-624, 
approved November 29, 1995, be and the same is hereby repealed; 
provided, however, that no claims, damages, charges, and/or liabilities 
which have arisen, accrued, or become due under said Ordinance 95- 624, 
approved November 29, 1995, at any time or times prior to the effective 
date of this Ordinance, shall be in any way affected by the enactment of this 
Ordinance. 



104 



1998-1999 Session Ord. 99-41 1 



Section 24. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved April 7, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-411 
Council Bill 98-879 

An Ordinance Concerning 

Urban Renewal — Charles Center — 
Amendment 10 

For the purpose of amending the Urban Renewal Plan for Charles Center to 
extend the term of the Plan by 2 years; waiving certain content and 
procedural requirements; and providing for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

The Urban Renewal Plan for Charles Center was originally approved by 
the Mayor and City Council of Baltimore by Ordinance 59-1863 and last 
amended by Minor Amendment, approved October 20, 1982. 

An amendment to the Urban Renewal Plan for Charles Center is 
necessary to extend the term of the Plan by 2 years. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 



105 



Ord. 99-4 1 2 1 998- 1 999 SESSION 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Charles Center are approved: 

On page 17 of the Plan, in Section IV , Standards and Controls, 
amend subsection P. to read as follows: 

P. Term of Plan 

The Charles Center Urban Renewal Plan and/or any 
modifications thereof shall be in full force and effect for a 
period of [forty] 42 years from the date of adoption of this Plan 
by ordinance of the Mayor and City Council of Baltimore. 

Section 2. And be it further ordained. That the Urban Renewal 
Plan for Charles Center, as amended by this Ordinance and identified as 
"Urban Renewal Plan, Charles Center, revised to include Amendment 10, 
dated December 3, 1998", is approved. The Clerk of the City Council shall 
file a copy of the amended Urban Renewal Plan with the Department of 
Legislative Reference as a permanent public record, available for public 
inspection and information. 

Section 3. And be it further ordained. That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 4. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted, retroactive to March 25, 1999. 



Approved April 7, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-412 
Council Bill 98-891 

An Ordinance Concerning 



106 



1 998- 1 999 Session Ord. 99-4 1 2 



Zoning — Conditional Use Drive-In Pharmacy — 

4020 . 4022, and 4024 Eastern Avenue and 422 South Haven Street 

(Ward 26, Section 10, Block 6316, all lots) 

For the purpose of permitting, subject to certain conditions, the 

estabhshment, maintenance, and operation of a drive-in pharmacy, but 
not including the sale of alcoholic beverages and tobacco products, on 
the property properties known as 4020 . 4022, and 4024 Eastern Avenue 
and 422 South Haven Street (Ward 26, Section 10, Block 6316, all lots), 
as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.2-ld-14 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drive-in pharmacy, but not including the 
sale of alcoholic beverages and tobacco products, on the property properties 
known as 4020 . 4022. and 4024 Eastern Avenue and 422 South Haven 
Street (Ward 26, Section 10, Block 6316, all lots), as outlined in red on the 
plat accompanying this Ordinance, in accordance with Article 30, §§ 6.2- 
ld-14 and 1 1.0-6d of the Baltimore City Code, subject to the condition that 
following conditions : 

1. signage is limited to 1 free-standing monument sign 

approximately 7 feet by 1 2 feet with a small reader board and a 
community identification sign approximately 4 feet by 8 feet, 
affixed to or built into the retaining wall; 

2. the project must conform to the Site and Landscaping Plan. 

dated February 26. 1999, and Elevations, dated February 26, 
1999. which are attached to this Ordinance: 

3. any changes in building materials, wall or fence materials, or a 

shift in building location of more than 15 feet must be 
approved by the Mayor and City Council: 

4. any plan changes other than those listed in item 3 above must be 

approved by the Planning Commission; 



107 



Ord. 99-4 1 3 1 998- 1 999 SESSION 



5. consolidation of the properties will not invalidate the conditional 

use: and 

6, the drive-in pharmacy compli e s must comply with all applicable 

federal state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved April 7, 1999 



Kuril. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-413 
Council Bill 98-896 

An Ordinance Concerning 

Planned Unit Development — Amendment — 
Victor B. Handal Business Center 

For the purpose of approving certain amendments to the Development Plan 
of the Victor B. Handal Planned Unit Development. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-4 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 



08 



1 998- 1 999 Session Ord. 99-4 1 3 



Recitals 

By Ordinance 84-130, as amended by Ordinance 85-525, Ordinance 91- 
808, Ordinance 95-513, and Ordinance 95-671, the Mayor and City Council 
approved the application of Peter V. Handal to have certain property located 
at the triangular comer of North Avenue, Harford Road, and Broadway, 
consisting of 7.951 acres, more or less, designated as a Business Planned 
Unit Development and approved the Development Plan submitted by the 
applicant. 

Village Builders 98, L.P., contract-purchaser of 1330 East North 
Avenue, wishes to amend the Development Plan, as previously approved by 
the Mayor and City Council, in order to develop and operate a drive-through 
pharmacy on the property and to expand the boundaries of the Planned Unit 
Development . 

On November 17, 1998, representatives of Village Builders 98, L.P., 
met with the Department of Planning for a preliminary conference, to 
explain the scope and nature of the proposed amendments to the 
Development Plan. 

The representatives of Village Builders 98, L.P., have applied to the 
Baltimore City Council for approval of these amendments, and they have 
submitted amendments to the Development Plan intended to satisfy the 
requirements of Article 30, §§ 12.0-1 and 12.0-4 of the Baltimore City 
Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the amendments to 
the Development Plan submitted by the Developer, as attached to and made 
part of this Ordinance, including Existing Conditions (Sheet 1, dated 
February 26, 1999) , Proposed Development Site Plan (Sheet 2, dated 
February 26, 1999) , Landscape and Lighting (Sheet 3. dated February 26. 
1999). and Elevations (Sheet 4, dated February 26. 1999) . 

Section 2. And be it further ordained. That the boundaries of the 
Planned Unit Development are expanded to include 1918-1932 Harford 
Road. 1936 Harford Road, and 131 1-1313 East 20^' Street. 

Section 3. And be it further ordained. That Parcel B may have 1 
free-standing identification sign a maximum of 25 feet tall with a maximum 
display area of 80 square feet. 



109 



Ord. 99-4 1 4 1 998- 1 999 Session 



Section^ 4. And be it further ordained. That all plans for the 
construction of permanent improvements on the property must be reviewed 
by the Planning Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 

Section ^ 5. And be it further ordained, That the Planning 
Commission may determine what constitutes minor or major modifications 
to the Plan. Minor modifications require approval by the Planning 
Commission. Major modifications require approval by Ordinance. 

Sections 6. And be it further ordained, That as evidence of the 
authenticity of the accompanying amended Development Plan and in order 
to give notice to the agencies that administer the City Zoning Ordinance: (i) 
when the City Council passes this Ordinance, the President of the City 
Council shall sign the amended Development Plan; (ii) when the Mayor 
approves this Ordinance, the Mayor shall sign the amended Development 
Plan; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the amended Development Plan to the Board of Municipal 
and Zoning Appeals, the Planning Commission, the Commissioner of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

Section 5 7. And be it further ordained, That this Ordinance 
t2ikes effect on the 30th day after the date it is enacted. 

Approved April 7, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-414 
Council Bill 99-945 

An Ordinance Concerning 

Parking Fines Amnesty — Repeal Sunset Provision 

For the purpose of repealing the sunset provision for parking fine 
amnesties. 

By repealing 

Article 31 - Transit and Traffic 
Section(s) 155(b)(2) 



110 



1 998- 1 999 Session Ord. 99-4 1 5 



Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 31 — Transit and Traffic 

Subtitle — Parking and Stopping Fines, Penalties, and Procedures 

§ 155. Powers of Director of Finance. 

(b) (1) Notwithstanding the provisions of subsection (a) of this 
section and subject to the approval of the Board of 
Estimates, the Director of Finance may offer amnesty for 
the payment of penalties that have accumulated on a 
parking or stopping fine. 

[(2) This amnesty shall be a one-time trial program, the authority 
for which shall expire 
on June 30, 1993.] 

[(3)](2) The Director of Finance may adopt rules and regulations to 
carry out the provisions of this subsection. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30^ day after the date it is enacted. 

Approved April 14, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-415 
Council Bill 97-563 

An Ordinance Concerning 

111 



Ord. 99-4 1 5 1 998- 1 999 Session 



Zoning — Industrial Planned Development — 4300 Shannon Drive 

For the purpose of approving the apphcation of Phipps Construction 
Contractors, Inc., owner of property known as 4300 Shannon Drive, 
Baltimore, Maryland 21213, consisting of approximately 23 acres, more 
or less, to have the property designated as an Industrial Planned 
Development in accordance with Sections 12.0-1 and 12.0-5 of Article 
30 of the Baltimore City Code; and approving the Development Plan 
submitted by Phipps Construction Contractors, Inc. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-5 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

On April 9, 1997, representatives of Phipps Construction Contractors, 
Inc. met with the Planning Commission of Baltimore City to hold a Pre- 
Petition Conference to explain the scope and nature of existing and 
proposed development on the property in order to institute proceedings to 
have the property designated as an Industrial Planned Development. 

Phipps Construction Contractors, Inc. hereby makes formal application 
to the City Council of Baltimore and submits the requisite Development 
Plan intended to satisfy the requirements specified in Section 12.0-1 and 
1 2.0-5 of Article 30 of the Baltimore City Code. 

Phipps Construction Contractors, Inc., in requesting the introduction of 
this bill, signifies its intention to implement, execute, substantially 
complete, and maintain the development of the property in accordance with 
the Development Plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the application of 
Phipps Construction Contractors, Inc., owner of property known as 4300 
Shannon Drive, Baltimore, Maryland 21213, lying on the south end of 
Shannon Drive approximately 1500 feet south of its intersection with 
Sinclair Lane and east of Herring Run, consisting of approximately 23 
acres, more or less, as outlined in the accompanying Exhibit A, entitled 
"Existing Conditions Plan", and Exhibit B, entitled "Proposed Conditions 
Plan" (collectively referred to as the "Development Plan"), to designate the 



112 



1 998- 1 999 Session Ord. 99-4 1 5 



property an Industrial Planned Development under Article 30, Sections 
12.0-1 and 12.0-5 of the Baltimore City Code. 

Section 2. And be it further ordained, That the Development 
Plan submitted by Phipps Constniction Contractors, Inc., which includes the 
following: Exhibit A, entitled "Existing Conditions Plan", and Exhibit B, 
entitled "Proposed Conditions Plan", each of which is attached to and made 
a part of this Ordinance, is approved. 

Section 3. And be it further ordained, That the following uses 
are permitted within the Planned Development: 

1 . A contractor and construction shop and yard. 

2. Offices — business 

3. Rock-crushing, provided that it is restricted to the hours between 

9:00 a.m. and 5:00 p.m., Monday through Saturday Friday. 
Rock-crushing is prohibited on weekends and on federal 
holidays. Rock-crushing machinery may be brought onto the 
4300 Shannon Drive property and operated not more than 4 
times a year, for a period not to exceed 15 days each time. . 

4. Equipment storage 

5. Storage, parldng, and securing of machiner>^ machines, 

industrial, new sales, rental, and services, provided that 

rock crushing machiner>^ may b e brought onto the ^300 
Shannon Drive property not more than ^ times each year, for a 
period not to exceed 15 days each time. 

5. Storage and parking of vehicles associated with the business. 

6. The R-6 portion of the site shall not be used for industrial 

purposes. 

7. Only the area within the driveway may be used for stockpiling 

materials, limited to topsoil salvaged metals, stone, masonry, 
and concrete. Materials will be placed in separate piles. On 
occasion, stone and concrete will be crushed to create recycled 
stone aggregates. Piles shall be distinct, and a drive space shall 
allow access between them. Maximum individual piles shall 
not exceed 40% of the stockpile area. 



113 



Ord. 99-4 1 5 1 998- 1 999 SESSION 



8. There may be no subleasing of the site to other parties. 

Materials from third parties may not be brought on the site for 
stockpiling or crushing. 

Section 4. And be it further ordained, That the following 
conditions apply to the Planned Deyelopment: 

1 . Quarterly site inspections to check the enyironmental condition 
of the site shall be conducted by State or City officials. 
Community leaders shall be allowed to accompany the 
inspecting officials during site inspections. 

4- 2. A Temporary Occupancy Permit must be obtained by the 
property owner prior to each of the 4 times that a rock-crusher 
is brought onto the property. The Temporary Occupancy 
Permit may be issued only if the property has passed the most 
recent site inspection required under item 1 of this section. 
Adjacent community groups shall be notified of this occurrence 
by the property owner. 

2 3. The rock-crushing operation must be limited to processing 
concrete, masonry, and rock. 

3- 4. Storage of concrete, rock, or crushed finished products in piles 
higher than 10 feet is prohibited. 

4 5. Storage of concrete, rock, or crushed finished products is 

limited to the area within the 45- 20-foot loop road as shown on 
the Plan. 

& 6. Trucks hauling concrete or rock to the property and trucks 
hauling processed end products from the property must comply 
with applicable State and local laws relating to covered loads. 

6 7. All roadways and all areas of the property that are designated 

for parking must be payed as shown on the Plan. 

7 8. The 108-foot by 140-foot building to be constructed, as shown 

on Exhibit B, may be seen as a separate phase of the PUD, and 
may be used only for the storage of construction materials and 
machinery and equipment. 



114 



1 998- 1 999 Session Ord. 99-4 1 5 



9. Drawings shall be part of the PUD to show plans including 

swale and storm receptors. The storm water management plan 
shown is the minimum acceptable. 

10. Piles shall be covered with tarpaulin to prevent air quality 
problems. 

1 1 . Trucks carrying light materials or crushed rock must be 
covered with tarpaulin when not loading or unloading. 

12. Crushing shall be restricted to concrete and rock/stone. No 
other materials may be crushed (including, but not limited to 
drywall lead paint, contaminated materials, asbestos, other 
hazardous materials). 

13. With regard to decibel levels, the equipment on the site, 
including the rock crusher, must comply with applicable State 
and local laws. Per Baltimore City's Noise Control Ordinance, 
Article 1 1 § 235, regarding permissible decibel levels: 

a. M-1 Zoning is regarded as a commercial district for the 

Bureau of Community and Industrial Hygiene's purposes. 

b. A use may generate no more than 61 decibels on the 

property. 

c. A use may generate no more than 58 decibels at any 

boundary with contiguous residentially-zoned property. 

14. Truck traffic to and from the site shall be restricted to the hours 
between 6:30 a.m. and 6:30 p.m., except in cases of snow or 
other emergency. 

Section 5. And be it further ordained. That any person who 
violates any of the provisions of this ordinance is subject to a fine not to 
exceed $100 per day per violation. 

Section S 6. And be it further ordained. That after the City 
Council passes this Ordinance, the Planning Department shall make the 
determination between minor and major amendments or modifications to 
the Plan. Any changes determined to be minor shall require approval by the 
Planning Commission. Major amendments shall require approval by 
Ordinance. 



115 



Ord. 99-4 1 6 1 998- 1 999 SESSION 



Section 6 7. And be it further ordained, That as evidence of the 
authenticity of the accompanying Development Plan and in order to give 
notice to the agencies that administer the City Zoning Ordinance: (i) when 
the City Council passes this Ordinance, the President of the City Council 
shall sign the Development Plan; (ii) when the Mayor approves this 
Ordinance, the Mayor shall sign the Development Plan; and (iii) the 
Director of Finance then shall transmit a copy of this Ordinance and the 
Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 7-8. And be it further ordac^ed. That this Ordinance 
takes effect on the 30th day after the date it is enacted. 



Approved April 16, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-416 
Council Bill 99-844 



An Ordinance Concerning 

Property Tax Credit — Historic Restoration and Rehabilitation 

For the purpose of clarifying the conditions under which certain projects 
located in a Maryland Enterprise Zone are ineligible for the credit ; and 
providing that the credit does not apply to certain other properties . 

By repealing and reordaining, with amendments 
Article 28 - Taxes 
Section(s) 75G(g)(4) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

By adding 

Article 28 - Taxes 

Section(s)75G(h-n 

Baltimore Citv Code 

(1983 Replacement Volume and Supplements) 



116 



I 



1998-1999 Session Ord. 99-417 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 28 — Taxes 

Subtitle — Tax Credits 

§ 75G. Property tax credit for historic restorations and rehabilitations. 

(g) Projects exceeding $3.5 million in development costs. 

(4) [The credit may not be taken if] If the property is located in a 
Maryland Enterprise Zone, THE CREDIT under this section 

MAY be taken only FOR THOSE PARTS OF THE PROPERTY THAT 
HAVE BEEN REJECTED AS INELIGIBLE FOR THE ENTERPRISE ZONE 
TAX CREDIT. 

(W-DNO TAX SUBSIDY DUPUCATION ALLOWED. 

The HISTORIC PROPERTY TAX CREDIT DOES NOT APPLY TO ANY 
PROPERTY FOR WHICH ANY OTHER TAX SUBSIDY FROM THE CiTY, 
WHETHER IN THE FORM OF A TAX CREDIT, PAYMENT IN LIEU OF 
TAXES, OR OTHERWISE, IS BEING RECEIVED OR HAS BEEN APPLIED 
FOR. 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved April 26, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-417 
Council Bill 98-859 

An Ordinance Concerning 

117 



Ord. 99-4 1 7 1 998- 1 999 SESSION 



Adult-Entertainment Businesses — 
Licensing and Regulation — Transfer of Authority 

For the purpose of transferring the jurisdiction over the licensing and 

regulation of adult-entertainment businesses from the Commissioner of 
Housing and Community Development to the Board of Liquor License 
Commissioners for Baltimore City; recodifying and revising the laws 
governing the licensing and regulation of these businesses; defining 
certain terms; clarifying, correcting, and conforming certain language; 
prohibiting certain activities; providing for certain penalties; and 
generally relating to the licensing and regulation of adult-entertainment 
businesses. 

By authority of 

Article 2B - Alcoholic Beverages 

Section(s) 12-203.1 

Annotated Code of Maryland 

(As enacted by Chapter 294, Laws of Maryland 1998) 

By repealing 

Article 30 - Zoning 

Section(s) 11.0-8 ^ 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By repealing 

Article 15 - Licenses 
Section(s) 150 through 173, inclusive 
Baltimore City Code 

(As enacted by Ordinance xx-xxx [Bill 98-830] (Revised Code — 
Zoning)) 

By adding 

Article 15 - Licenses 

Section(s) 150 through 187, inclusive, to be under the subtitle 

"Adult-Entertainment Businesses" 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 



118 



1 998- 1 999 Session Ord. 99-4 1 7 



Recitals 



Ordinances 93-258 and 94-443 enacted new provisions governing the 
zoning, licensing, and regulation of certain adult-entertainment 
establishments. The Preamble to Ordinance 93-258, as amended and 
supplemented by Ordinance 94-443, explained the need to minimize certain 
adverse effects without, however, suppressing any constitutionally protected 
speech. 

The Mayor and City Council reaffirms the findings and statements of 
intent contained in the Preamble to Ordinance 93-258, as amended and 
supplemented by Ordinance 94-443. 

Based on its experiences with the new law, however, the Mayor and 
City Council further finds that its purposes can best be accomplished, more 
effectively and without duplication of efforts, by transferring the regulatory 
authority to the Board of Liquor License Commissioners of Baltimore City, 
an entity that already licenses and regulates most of the same 
establishments. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Section 1 1.0-8 of Article 30 - Zoning of the Baltimore 
City Code is repealed. 

Section 2. And be it further ordained, That if Bill 98-830 
(Revised Code — Zoning) is enacted. Article 15 - Licenses, Sections 150 
through 173, inclusive, as enacted by that Bill, are repealed. 

Section 3. Be it further ordained, That the Laws of Baltimore 
City read as follows: 

Baltimore City Code 

Article 15 — Licenses 

Subtitle — Adult-entertainment Businesses 

Part I. Definitions; General Provisions 

§ 150. Definitions. 

(A) In GENERAL. 



19 



Ord. 99-4 1 7 1 998- 1 999 SESSION 



In this subtitle, the following terms have the meanings 
indicated. 

Comment 

This subsection is new language used as the 
standard introduction to a series of definitions. 

(B) Adult ENTERTAINMENT. 

(1) SUPPLEMENTALTERMS DEFINED. 

(I) In GENERAL 

In THIS SUBSECTION, THE FOLLOWING TERMS HAVE THE 
MEANINGS INDICATED. 

(II) Nudity. 
"Nudity" means: 

1. the SHOWING OF THE human male OR FEMALE 
GENITALS, PUBIC AREA, OR BUTTOCKS WITH LESS 
THAN A FULLY OPAQUE COVERING; 

2. THE SHOWING OF THE FEMALE BREAST WITH LESS 
THAN A FULLY OPAQUE COVERING OVER ANY PART 
BELOW THE TOP OF THE NIPPLE; OR 

3 . THE DEPICTION OF COVERED MALE GENITALS IN A 
DISCERNIBLY TURGID STATE. 

(III) Partial NUDITY. 

"Partial nudity" means a state of dress in which 
opaque clothing covers no more than: 

1 . the human male or female genitals, pubic 
area, or buttocks; 

2. the female breasts below the top of the 
nipples; and 



120 



1 998- 1 999 Session Ord. 99-4 1 7 



3 . PORTIONS OF THE BODY COVERED BY SUPPORTING 
STRAPS OR DEVICES. 

(2) "Adult ENTERTAINMENT" DEFINED. 

"Adult entertainment" means live entertainment: 

(I) in which individuals appear for public view in a 
state of nudity or partial nudity; 

(II) THAT IS intended TO PROVIDE SEXUAL STIMULATION 
OR SEXUAL GRATinCATION; 

(III) THAT IS DISTINGUISHED OR CHARACTERIZED BY AN 
EMPHASIS ON MATERIAL THAT DEPICTS, DESCRIBES, OR 
RELATES TO: 

1 . HUMAN GENITALS IN A DISCERNIBLE STATE OF 
SEXUAL STIMULATION OR AROUSAL; OR 

2. ACTS OF HUMAN MASTURBATION, SEXUAL 
INTERCOURSE, SODOMY, OR PHYSICAL 
CONTACT WITH AN INDIVIDUAL'S CLOTHED OR 
UNCLOTHED GENITALS, PUBIC AREA, 
BUTTOCKS, OR, IF THE INDIVIDUAL IS FEMALE, 
BREAST; OR 

(IV) THAT, APPLYING CONTEMPORARY STANDARDS, THE 

AVERAGE INDIVIDUAL WOULD HND, TAKEN AS A 
WHOLE, APPEALS TO THE PRURIENT INTEREST. 

Comment 

This subsection is new language derived from 
Article 30, §1 3.0-2-3 A-2, as it describes the 
activity in question. 

In the introductory clause of paragraph (2) of this 
subsection, "live entertainment" is substituted for 
"entertainment" for clarity, distinguishing the 
somewhat narrower scope of these licensing 
provisions from that of their counterpart zoning 
regulations. 



121 



Ord. 99-4 1 7 1 998- 1 999 Session 



In paragraph (2)(iii)2 of this subsection, 
"buttocks" is added to conform to the like 
references in paragraph (l)(ii)l and (iii)l. 

(c) Adult-entertainment BUSINESS. 

"Adult-entertainment business" means any cabaret, lounge, 

NIGHT club, modeling STUDIO, OR OTHER ESTABLISHMENT THAT 
OFFERS ITS CUSTOMERS ADULT ENTERTAINMENT. 

Comment 

This subsection is new language derived from 
Article 30, §13.0-2-3A-2, as it describes the 
business in question. 

The former reference to an entity's "major 
business" is deleted as ambiguous (given its 
limited application to some but not all of the 
covered activities), unnecessarily vague, and, in 
any event, inconsistent with the remedial purposes 
and goals of this subtitle. 



(D) Board. 

"Board" means the Board of Liquor License Commissioners 
FOR Baltimore City. 

Comment 

This subsection is new language added for brevity 
and clarity. 

Throughout this subtitle, references to this Board 
are substituted for former references to the 
Commissioner of Housing and Community 
Development and to the Board of Municipal and 
Zoning Appeals. 

(e) includes; including. 

"Includes" or "including" means by way of illustration and 
not by way of limitation. 

Comment 

This section, which is patterned after State Code Article 1, 
§30, is new language added to clarify expressly that the 



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1 998- 1 999 Session Ord. 99-4 1 7 



words "includes" and "including" are used in this article by 
way of illustration and expansion and not by way of 
limitation or restriction. In light of this definition, phrases 
like "but not limited to" are deleted throughout this article as 
no longer necessary. 

(F) Person. 

(1) In GENERAL 

"Person" means: 

(i) an individual; 

(ii) a receiver, trustee, guardian, personal 

representative, hduciary, or representative of 
any kind; or 

(iii) a partnership, hrm, association, corporation, or 
other entity of any kind. 

(2) Exclusions. 

"Person" does not include, unless otherwise expressly 
provided, a governmental entity or an instrumentality 
or unit of a governmental entity. 

Comment 

This subsection is new language derived in part 
from Article 30, §13.0-1-6, and revised to conform 
to the broad, standard definition proposed for the 
Revised Code. 

151. Mandatory, prohibitory, and permissive terms. 

(A) Mandatory TERMS. 

"Must" and "shall" are each mandatory terms used to 
express a requirement or to impose a duty. 

(B) Prohibitory TERMS. 

"Must not" and "may not" are each mandatory negative 
terms used to establish a prohibition. 



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Ord. 99-4 1 7 1 998- 1 999 Session 

(c) Permissive TERMS. 

"May" is permissive. 

Comment 

This section is new language derived in part from 
Article 30, §13.0-1-2 and revised to reflect the 
growing preference among careful drafters for 
"must" (which is used exclusively in this subtitle) 
over the oft-misused and -misconstrued "shall". 

§ 152. Rules, regulations, and forms. 

(A) Board TO ADOPT. 

The Board may adopt rules, regulations, and forms to 
carry out the provisions of this subtitle. 

(B) Advertising FOR HEARING AND COMMENT. 

( 1 ) The Board must advertise for public hearing and 
comment all rules and regulations proposed for 
adoption under this subtitle. 

(2) The ADVERTISEMENT: 

(I) MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL 
CIRCULATION AT LEAST 1 5 DAYS BEFORE THE HEARING; 
AND 

(II) MUST INCLUDE: 

1 . A DESCRIPTION OF THE PROPOSED RULES AND 
REGULATIONS; 

2. THE DATE, TIME, AND LOCATION OF THE PUBLIC 
HEARING; AND 

3. INFORMATION ON HOW A PERSON CAN OBTAIN A 
COPY OF THE PROPOSED RULES AND REGULATIONS 
BEFORE THE HEARING. 



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1 998- 1 999 Session Ord. 99-4 1 7 



(c) adoption; fiung. 

( 1 ) After the public hearing, the Board may adopt the hnal 
rules and regulations with an effective date of at least 
1 5 days after the date of their adoption. 

(2) a copy of the rules, regulations, and forms and of any 
amendments to them must be filed with the department 
of legislative reference before they may take effect. 

COMMENTT 

This section is new language derived from the 5*^ 
through 1^ sentences of Article 30, §11.0-3f and 
fromfonner§11.0-8b7. 

In subsections (b) and (c) of this section, the 
notice, hearing, and adoption provisions are 
revised so that, while applicable to all "rules or 
regulations", they do not apply to mere "forms". 

Subsection (b)(2)(ii)3 of this section is substituted 
for the former, unnecessarily restrictive (and 
potentially expensive) requirement that the 
advertisement itself specify the "language 
contained in the proposed rules". 

In subsection (c)(1) of this section the former 15- 
day requirement is changed to apply to the 
"effective date ... after ... adoption", instead of the 
"adopt[ion date] ... after the public hearing", to 
provide the Board greater flexibility without, 
however, adversely affecting the rights of 
interested parties to advance notice. 

Subsection (c)(2) of this section is clarified to 
indicate that filing with Legislative Reference is a 
prerequisite to a rule or regulation's taking effect. 
See generally Charter Article VII, §92. Cf. also 
Article 15, §92A-9 (former Article 30, §1 1.0-2h8 
and 2h9), delaying the effectiveness of certain 
zoning-related regulations until 7 days after filing 
with Legislation Reference. 

§ 153. Scope. 

Nothing in this subtitle is intended to permit any activity that 
is otherwise prohibited by federal, state, or local law. 



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Ord. 99-4 1 7 1 998- 1 999 Session 



Comment 

This section is new language added to clarify that 
references in this subtitle to certain activities, such 
as nudity, do not override existing prohibitions, 
such as those that apply to liquor licensees. 

§ 154. {Reserved} 

§ 155. {Reserved} 

Part 11. Licensing 

§ 156. License required. 

a person may not own or operate any adult-entertainment 
business without having rrst obtained an adult-entertainment 
business license as provided in this subtitle. 

Comment 

This section is new language derived from former 
Article 30, §11. 0-8a. 

§157. Applications — es general. 

(A) Owner and operator to apply jointly. 

The owner and operator of the adult-entertainment 
business must apply jointly to the board for the license. 

(B) Form. 

The APPLICATION MUST BE IN THE FORM AND CONTAIN THE 
INFORMATION THAT THE BOARD REQUIRES. 

(c) When MADE. 

An APPLICATION FOR AN ADULT-ENTERTAINMENT BUSINESS LICENSE 
MUST BE MADE ON OR BEFORE THE DATE OF APPLYING FOR THE 



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1998-1 999 Session Ord. 99-4 1 7 



CONDITION.AI. USE APPROVAL REQUIRED UNDER THE ZONING CODE. 
The ADULT-ENTERTAINMENT BUSINESS LICENSE MAY NOT BECOME 
EFFECTIVE UNLESS A CONDITIONAL USE HAS BEEN APPROVED AND 
ANY RIGHT OF APPEAL CONTESTING THAT APPROVAL HAS BEEN 
EXHAUSTED. 

Comment 

This section is new language derived from all but 
the 3''* sentence of former Article 30, §11.0-8bl. 
The 3''* sentence, which dealt with applications by 
preexisting businesses, is omitted as obsolete. 

In subsection (b) of this section, the reference to 
"information that the Board requires", while 
implicit in the Board's rule- and form-making 
powers, is added expressly for clarity. 

§ 158. APPLICATIONS — RESPONSIBLE PARTY. 

(A) By WHOM MADE. 

The APPLICATION OF EVERY OWNER AND OPERATOR MUST BE MADE 
AS FOLLOWS: 

( 1 ) IF A CORPORATION, BY ITS CHIEF EXECUTIVE OFRCER; 

(2) IF A PARTNERSHIP, BY ITS MANAGING PARTNER; OR 

(3) IF A PROPRIETORSHIP, BY ITS OWNERS. 

(B) Information AND DETERMINATION. 

All INFORMATION REQUIRED IN THE APPLICATION ABOUT AN 
APPLICANT MUST BE GIVEN WITH RESPECT TO THE INDIVIDUALS 
MAKING THE APPLICATION, AND THE DETERMINATION OF THE BOARD 
MUST BE BASED ON THE ELIGIBILITY OF THOSE INDIVIDUALS. 

Comment 

This section is new language derived from the 4^ 
sentence of former Article 30, § 1 1 .0-8b2. The 
former, inconsistent listing of different entities is 
corrected. 



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Ord. 99-4 1 7 1 998- 1 999 Session 



§159. Investigation OF APPLICANTS. 

On receipt of the application, the Board must investigate the 

CHARACTER AND QUALIHCATIONS OF THE APPLICANTS. 

Comment 

This section is new language derived from the 1" 
sentence of former Article 30, § 11 .0-8b2. The 
former exception, relating to preexisting 
businesses, is omitted as obsolete. The former 60- 
day deadline for an investigation is also deleted; 
given the deadline in §162 , it was unnecessary 
and, indeed, misleading. 

§ 160. QUALIFICATIONS. 

(A) In GENERAL. 

An ADULT-ENTERTAINMENT BUSINESS LICENSE MAY NOT BE ISSUED 
TO ANY PERSON TO OWN OR OPERATE AN ADULT-ENTERTAINMENT 
BUSINESS UNLESS THE APPLICANT: 

( 1 ) BASED ON THE CONSIDERATIONS SPECIHED IN SUBSECTION 
(B) OF THIS SECTION, IS OF GOOD MORAL CHARACTER; 

(2) IS AT LEAST 1 8 YEARS OF AGE; AND 

(3) WITHIN THE PRECEDING 3 YEARS, HAS NOT BEEN CONVICTED 
OF OR PLEADED GUILTY OR NOLO CONTENDERE IN ANY 
JURISDICTION TO A FELONY INVOLVING: 

(I) MORAL TURPITUDE; 

(II) CONTROLLED CONTROLLED DANGEROUS 
SUBSTANCES; 

(III) PROSTITUTION; 

(IV) OBSCENITY; OR 

(V) ANY OTHER CRIME THAT IS SEXUAL IN NATURE. 



28 



I 



1 998- 1 999 Session Ord. 99-4 1 7 

(B) Required CONSIDERATIONS. 

In determining moral character, the Board must consider: 

( 1 ) ALL criminal CONVICTIONS OF THE APPLICANT; AND 

(2) THE BUSINESS HISTORY OF THE APPLICANT. 

Comment 

This section is new language derived from former 
the 2"^ and y^ sentences of Article 30, §1 1.0-8b2 
andfrom§11.0-8b3. 

In subsection (a)(3) of this section, reference to a 
plea of "guilty" is added for clarity and 
consistency. Also in subsection (a)(3), a reference 
to crimes involving "controlled dangerous 
substances" is added. 

§ 161. Posting; objections. 

(a) Posting required. 

On filing an application for a license (other than a renewal 
license), the applicant must post the proposed location for 
15 days, in accordance with the board's rules and 
regulations. 

(b) 9 or fev/er objections.. 

If, WITHIN THE 15-DAY POSTING PERIOD, THE BOARD RECEIVES NO 
MORE THAN 9 WRITTEN OBJECTIONS FROM PROPERTY OWNERS OR 
RESIDENTS WITHIN THE SAME ELECTION PRECINCT AS THE PROPOSED 
LOCATION, THE ADULT-ENTERTAINMENT BUSINESS LICENSE MAY BE 
ISSUED. 

(C) 10 OR MORE OBJECTIONS. 

( 1 ) If, WITHIN THE 1 5-DAY POSTING PERIOD, THE BOARD RECEIVES 
10 OR MORE WRITTEN OBJECTIONS FROM PROPERTY OWNERS OR 
RESIDENTS WITHIN THE SAME ELECTION PRECINCT AS THE 
PROPOSED LOCATION, THE BOARD MUST HOLD A HEARING ON 
THE MATTER. 



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Ord. 99-4 1 7 1 998- 1 999 Session 



(2) Unless the applicant agrees to a later date, the hearing 

MUST BE held WITHIN 1 5 DAYS AFTER THE LAST DAY OF THE 1 5- 
DAY POSTING PERIOD. 

(3) At the HEARING, PARTIES IN INTEREST AND CITIZENS MUST BE 
GIVEN AN OPPORTUNITY TO BE HEARD. 

Comment 

This section is new language derived from the T' 
through 4^^ and the 8*^ sentences of former Ajticle 
30, §ri.0-8b6. 

In subsection (a) of this section, the former 
exception, relating to preexisting businesses, is 
omitted as obsolete. 

In subsections (b) and (c) of this section, "property 
owners or residents" is substituted for "persons" 
for clarity and to conform to the similar provisions 
in § 163(d) of this subtitle (former §11.0-8bf), 
governing renewals. And, in subsection (c), "and 
citizens" is added for clarity. 

Subsection (c)(2) is new language added to avoid 
unnecessary delays in considering the application. 
See also Comment to §162. 

§ 162. Decision on application. 

(A) Board to decide. 

The Board must notify the applicant in writing of its 

DECISION TO grant OR DENY THE LICENSE AS FOLLOWS: 

( 1 ) IF NO HEARING IS HELD UNDER § 1 6 1 (C) OF THIS SUBTITLE, 
WITHIN 1 5 DAYS AFTER THE LAST DAY OF THE 1 5-DAY 
POSTING PERIOD; AND 

(2) IF A HEARING IS HELD UNDER § 1 61(C) OF THIS SUBTITLE, 
WITHIN 1 5 DAYS AFTER CONCLUSION OF THE HEARING. 



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1 998- 1 999 Session Ord. 99-4 1 7 



(B) Denial 

( 1 ) Any denial of an adult-entertainment business license 
must be based solely on the qualihcations set forth in 
§160 of this subtitle. 

(2) The notice of a denial must: 

(i) specify the reasons for the denial; and 

(ii) notify the applicant of the opportunity to 
request a hearing under § 178 of this subtitle. 

Comment 

This section is new language derived from the 5^ 
and 6^^ sentences of former Article 30, § 1 1 .0-8b6 
and from the V and y^ sentences of § 1 1 .0-8b5. 

In subsection (a) of this section, the requisite time 
frame for decision is modified to follow on the end 
of the posting period or, if a hearing is held, the 
conclusion of the hearing. By adopting a 15-day 
limit, the net effect is to shorten the process, 
except for a delay occasioned by or with the 
approval of the applicant, from the former 60-day 
limit to a maximum of 45 days (if hearing 
required) or even 30 days (if no hearing required). 

Subsection (b)(1) is added for clarity. 

Subsection (b)(2)(ii) of this section is added to 
conform to the requirements of §178 of this 
subtitle (former §11.0-8i). 

§ 163. Term and renewal of licenses. 

(A) Term. 

Each adult-entertainment business license expires 
annually on june 30 and is renewable as provided in this 

SECTION. 



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Ord. 99-4 1 7 1 998- 1 999 Session 



(B) Appucation for renewal 

( 1 ) To RENEW AN ADULT-ENTERTAINMENT BUSINESS LICENSE, THE 
LICENSEE MUST APPLY NO LESS THAN 30 DAYS NOR MORE THAN 
60 DAYS BEFORE THE LICENSE EXPIRES. 

(2) The RENEWAL APPLICATION MUST BE IN THE FORM AND 
CONTAIN THE INFORMATION THAT THE BOARD REQUIRES. 

(c) Approval 

On filing the renewal application and payment of THE 
RENEWAL FEE, THE BOARD MAY APPROVE THE APPLICATION, EXCEPT 
AS PROVIDED IN SUBSECTION (D) OF THIS SECTION. 

(D) Protest AND HEARING. 

( 1 ) If, before the end of the renewal period, 1 OR MORE 

written objections from property owners or residents 
within the same election precinct as the licensed 
premises are hled with the board, the board must hold 
a public hearing on the proposed renewal. 

(2) Parties in interest and citizens must be given an 

opportunity to be heard. 

(3) Any DENIAL OF A RENEWAL LICENSE MUST BE BASED SOLELY ON 
THE STANDARDS SET FORTH IN § 1 77 OF THIS SUBTITLE. 

Comment 

This section is new language derived from former 
Article 30, §11. 0-8b4 and 8f. 

In subsection (d) of this section, provisions 
expressly requiring a hearing are added for clarity 
and consistency (c/. §161 of this subtitle). Also in 
subsection (d), paragraph (3) is added for clarity. 

§ 164. Fee FOR LICENSE. 

(A) Annual fee 



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1 998- 1 999 Session Ord. 99-4 1 7 



The annual license fee is $1 ,000 for each adult- 
entertainment BUSINESS, PAYABLE ON OR BEFORE JUNE 30 OF 
EACH YEAR. 

(B) Initial FEE. 

The LICENSE FEE FOR LESS THAN A FULL INITIAL YEAR IS PRORATED 
QUARTERLY. 

Comment 

This section is new language derived from former 
Article 30, §11. 0-8e. 

In subsection (b) of this section, the proration is 
changed from monthly to quarterly, to conform to 
the Board's current practice (cf. Article 2B, §10- 
207(a) of the Maryland Code). The specific (and, 
as it happens, inaccurately computed) monthly 
amount is, therefore, omitted. 

§165. Waiting PERIOD AFTER DENIAL. 

If the Board denies an adult-entertainment business license or 
renewal license, the applicant may not reapply for at least 9 
months from the date of the board's hnal decision or, if that 
decision was appealed, from the date of the rnal court 

DECISION. 

Comment 

This section is new language derived from the 6* 
sentence of former Article 30, § 1 1 .0-8b6. 

It is revised to refer not only to the denial of an 
initial license but, as likely was intended but not 
expressly stated, to denial of a renewal license as 
well. 

The former 12-month waiting period is shortened 
to 9 months so that, if a denied renewal is for a 
nonconforming use, the licensee would be able to 
reapply before the nonconforming use is 
considered abandoned. 



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Ord. 99-4 1 7 1 998- 1 999 Session 



§ 166. Transfer of license. 

An adult-entertainment business license is not transferable to 
A new owner or operator without a new application to the 
Board. 

Comment 

This section is new language derived from the P' 
sentence of former Article 30, § 1 1 .0-8j. 

The 2"^ sentence of former § 1 1 .0-8j, which treats 
the application as one for a renewal, is deleted as 
undermining the requirement of a new application 
and as inconsistent with §160, which premises the 
approval of any new license on the qualifications 
of the specific owner- operator. 

§ 167. {Reserved} 

§ 168. {Reserved} 

Part III. Standards of Operation 

§ 169. Hours of operation. 

(A) In GENERAL 

Except as provided in subsection (b) of this section, no live 

ADULT entertainment MAY BE CONDUCTED BETWEEN THE HOURS 
OF 2 A.M. AND NOON. 

(B) Exception 

If THE State changes the closing time for holders of 

ALCOHOLIC BEVERAGE LICENSEES, THAT CLOSING TIME WILL APPLY 
TO ADULT-ENTERTAINMENT BUSINESSES. 

Comment 

This section is new language derived from former 
Article30, §11.0-8cl. 



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1 998- 1 999 Session Ord. 99-4 1 7 

§ 170. Entrances and exteriors of premises. 

(a) Exterior entrance doors. 
Exterior entrance doors: 

( 1 ) must be kept closed so that adult entertainment 
activities are not visible from the exterior of the 
building; and 

(2) may be opened only: 

(i) to permit entry and exit; or 

(ii) for cleaning or ventilation during 
nonoperational hours. 

(B) Entertainment not to be visible from exterior. 

The conduct of adult entertainment may not be visible at 
any time from the exterior of the premises in which it is 
conducted. 

(c) Enclosed vestibule or lobby. 

The PREMISES OF EACH ADULT-ENTERTAINMENT BUSINESS MUST 
HAVE A VESTIBULE OR LOBBY ENCLOSED BY IMMOBILE WALLS AND 
CONSISTING OF A PASSAGE, HALL, OR ROOM BETWEEN THE OUTER 
DOOR FACING THE STREET AND THE PART OF THE PREMISES WHERE 
THE ADULT ENTERTAINMENT IS CONDUCTED. 

Comment 

This section is new language derived from former 
Article 30, §1 1.0-8c2(a), (b), and (d). 

Subsection (a)(2)(ii) of this section is added at the 
behest of the Baltimore Entertainment Center, Inc. 

In subsection (c) of this section, the former 
effective-date clause is omitted as obsolete. 



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Ord. 99-4 1 7 1 998- 1 999 SESSION 



§ 171. "Barking". 

Any attempt to urge, invite, or entice people to enter the 
premises of an adult-entertainment business is prohibited 
anywhere within 50 feet of the premises. 

Comment 

This section is new language derived from former 

Article 30, §11. 0-8c2(c). 

The former, alternative reference to the "front of ... 
the premises" is deleted as superfluous given the 
prohibition's applicability in any event to any 
place "within 50 feet of the premises". 

For other provisions prohibiting these and similar 
SLCtivities, see also Article 19, §§179 - 181 of the 
City Code. 

§ 172. Owner, etc, to prevent nuisance. 

Every owner, operator, and manager of an adult- 
entertainment BUSINESS MUST EXERCISE PROPER CARE AND CONTROL 
TO PREVENT THE BUSINESS OR ITS OPERATIONS FROM BECOMING OR 
CREATING A PUBLIC NUISANCE, WHETHER BY THE GENERATION OF NOISE, 
THE BLOCKING OF PUBLIC WAYS, OR OTHERWISE. 

Comment 

This section is new language added to expressly 
recognize the obligation of an owner, operator, 
and manager to conduct the business in such a 
way as to avoid creating any public nuisance. 

§ 173. {Reserved} 

§ 174. License to be posted. 

The PERSON TO WHOM AN ADULT-ENTERTAINMENT BUSINESS LICENSE IS 
ISSUED MUST DISPLAY IT IN THE LOBBY, VESTIBULE, OR OTHER 
PROMINENT PLACE ON THE PREMISES. 

Comment 

This section is new language derived from former 
Article 30, §11. 0-8k. 



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1 998- 1 999 Session Ord. 99-4 1 7 



§ 175. {Reserved} 

§ 176. {Reserved} 

Part IV. Denials, Suspensions, and Revocations 
Administrative Sanctions 

§ 177. Denial, suspension, or revocation . 

(A) In GENERAL 

The Board may deny, suspend, or revoke an adult- 
entertainment BUSINESS LICENSE OR RENEWAL LICENSE FOR ANY 

of the following causes: 

( 1 ) failing to pay the applicable license fee on or before 
the due date; 

(2) making any material false statement in any 
application for an initial or renewal license; 

(3) lack of accessibility for fire and police protection; 

(4) failing to comply with any provision of the fire, 
Health, Building, or Zoning Codes of Baltimore 
City; 

(5) failing to comply with any provision of this subtitle 
or of any rule or regulation adopted under this 
subtitle; or 

(6) failing to comply with any provision of any other 
local, state, or federal law that affects or relates 

TO THE OPERATION OF THE ADULT-ENTERTAINMENT 
BUSINESS. 

(B) Offenses BY OWNER, OPERATOR, OR MANAGER. 

The Board also may deny, suspend, or revoke an adult- 
entertainment BUSINESS LICENSE OR RENEWAL LICENSE FOR THE 
VIOLATION, BY ANY OWNER, OPERATOR, OR MANAGER OF THE 
ADULT-ENTERTAINMENT BUSINESS, OF ANY PROVISION OF ANY 
LOCAL, STATE, OR FEDERAL LAW THAT INVOLVES: 



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Ord. 99-4 1 7 1 998- 1 999 SESSION 



( 1 ) THE MANUFACTURE, DISTRIBUTION, POSSESSION, OR 
ADMINISTRATION OF CONTROLLED DANGEROUS 
SUBSTANCES; 

(2) PROSTITUTION, SODOMY, PERVERTED SEXUAL PRACTICES, OR 
A BAWDY HOUSE OR DISORDERLY HOUSE; OR 

(3) OBSCENE MATTER OR IMMORAL PRACTICES. 

(c) Offenses BY EMPLOYEE, etc., or vendor. 

The Board also may deny, suspend, or revoke an adult- 
entertainment BUSINESS LICENSE OR RENEWAL LICENSE FOR THE 
VIOLATION, BY ANY EMPLOYEE, AGENT, INDEPENDENT CONTRACTOR, 
OR VENDOR OF THE ADULT-ENTERTAINMENT BUSINESS, OF ANY LAW 
REFERRED TO IN SUBSECTION (B) OF THIS SECTION, IF: 

( 1 ) THE OFFENSE OCCURRED ON THE PREMISES OF THE ADULT- 
ENTERTAINMENT BUSINESS; AND 

(2) EffHER EITHER : 

(I) THE OWNER, OPERATOR, OR MANAGER 
AFFIRMATIVELY OR TACITLY APPROVED OF THE 
OFFENSE; 

(II) THE OWNER, OPERATOR, OR MANAGER HAD ACTUAL 
OR CONSTRUCTIVE KNOWLEDGE OF THE OFFENSE; 

(III) THE OWNER, OPERATOR, OR MANAGER REASONABLY 
SHOULD HAVE KNOWN OF THE OFFENSE; OR 

(IV) The the offense was a result of the owner, 

OPERATOR, OR MANAGER'S FAILURE TO SUPERVISE. 

CoMME^^r 

This section is new language that combines former 
Article 30, § 1 1 .0-8g and elements of 8h, and 
revises them to avoid various former 
inconsistencies and gaps and to conform more 
closely to the Board's counterpart authority, in 
Article 2B of the Maryland Code, over alcoholic 
beverage licensees. 



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1 998- 1 999 Session Ord. 99-4 1 7 



Specifically, subsection (a) of this section is 
derived from former § 1 1 .0-8g. Item (7) of this 
subsection is revised to limit its applicability to 
only those laws that "affec[t] or relat[e] to" the 
business' s operations. The former reference to 
failure to "timely" apply is deleted: as applied to a 
new license, there is no time limit; as to a renewal, 
it goes without saying that one is not entitled to a 
license for which one hasn't bothered to even 
apply. 

Subsections (b) and (c) of this section are derived 
from former § 1 1 .0-8h. In these subsections, 
however, the formerly specified penalties for a 1'' 
or 2"*^ offense and the requirement for a 
"conviction and/or guilty plea" are deleted as 
wholly incompatible with former §11.0-8g. That 
is, §1 1.0-8h purports to set out special standards 
and penalties for violations of relatively serious 
crimes, more serious, presumably, than those 
generally listed in §1 1.0-8g (now subsection (a) of 
this section). Yet it incongruously imposes a 
number of qualifications (not found in §11 .0-8g) 
that belie its ostensible purpose — e.g., by 
requiring a criminal "conviction" and by limiting 
the punishment for a 1" or T^ offense (however 
egregious that particular offense might be) to "not 
more than" a 15- or 30-day suspension. Under 
§1 1.0-8g, on the other hand, especially the broad 
catchall in item 5 of that section ("[v]iolation of 
any provision of ... any ... local, state, or federal 
regulations"), a license may be suspended, without 
any artificial limit, or even revoked for any serious 
violation — with or without a criminal conviction 
and even if only a V^ offense. Accordingly, these 
subsections are revised to restore meaning to the 
rest of the law. 

Subsection (c)(2) of this section is revised to 
specify circumstances, beyond the former "knew 
or should have known", under which a licensee 
can and should be responsible for the acts of 
others. 

The former provision for a mandatory revocation 
on a 3*^ offense is deleted. 



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Ord. 99-4 1 7 1 998- 1 999 SESSION 



§ 178. Fines. 

For any violation that is cause for suspending or revoking 
a license. the board may, instead of or in addition to 
suspending or revoking the license, impose a civil fine of: 

(1) for a 1 ^ offense, not more than $500; and 

(21 for any subsequent offense, not more than $ 1 .000. 

§ iTS 179 . Notice and hearing. 

(A) In GENERAL 

No ADULT-ENTERTAINMENT BUSINESS LICENSE OR RENEWAL 
LICENSE MAY BE DENIED, SUSPENDED, OR REVOKED AND NO HNE 
MAY BE IMPOSED UNLESS THE BOARD GIVES THE APPLICANT OR 
LICENSEE: 

( 1 ) AT LEAST 1 DAYS ' WRITTEN NOTICE OF THE INTENT TO 
DENY, SUSPEND, OR REVOKE THE LICENSE OR RENEW.\L 
t4€ENSE IMPOSE SANCTIONS ; AND 

(2) AN OPPORTUNITY TO BE HEARD AS TO WHY THE LICENSE 
SHOULD NOT BE DENIED, SUSPENDED, OR REVOKED 
SANCTIONS SHOULD NOT BE IMPOSED . 

(B) Denial OF INITIAL ucENSE. 

For the proposed denial of an initial license, a hearing must 
be held within 30 days of a timely request, unless the 
applicant agrees to a later date. 

Comment 

Subsection (a) of this section is new language 
derived from the 1" sentence of former Article 30, 
§ 1 1 .0-8i. In its introductory clause, "licensee" is 
added and, in items (1) and (2), references to a 
proposed suspension are added to correct apparent 
oversights. 

Subsection (b) is new language added to assure a 
rejected applicant of the ability to obtain a prompt 
hearing. 

140 



i 



1998-1999 Session Ord. 99-417 

§i^l80. Judicial REVIEW. 

(A) In GENERAL 

Any person aggrieved by a decision of the Board may appeal 
that decision to the circuit court for baltimore city as 
provided by law and the maryland rules of civil 
Procedure. 

(B) Review TO BE EXPEDITED. 

( 1 ) It IS THE DESIRE AND INTENT OF THE MAYOR AND CiTY COUNCIL 
THAT ANY APPEAL UNDER THIS SECTION BE HEARD AND DECIDED 

BY THE Court as expeditiously as possible. 

(2) To THAT END, THE BOARD MUST JOIN IN ANY MOTION BY THE 
APPELLANT FOR EXPEDITED REVIEW AND COOPERATE FULLY 
WITH THE APPELLANT TO OBTAIN AN EXPEDITED REVIEW. 

(c) Stays. 

( 1 ) The filing of an appeal does not stay the decision of the 
Board. 

(2) However, on motion and after hearing, the Court may 
grant a stay as provided in the maryland rules. 

Comment 

Subsection (a) of this section is new language 
derived from the 7'*' sentence of former Article 30, 
§ 1 1 .0-8b6 and the ^^ sentence of § 1 1 .0-8i. 

Subsection (b) is new language designed to assure 
(to the fullest extent that the City can do so) that 
the appeal will be decided in a prompt manner and 
without derogation of constitutionally protected 
rights to free speech. 

Subsection (c) is new language patterned after the 
general provisions of Article 30, § 1 1 .0-312. 
Although the rules stated are already covered by 
Maryland Rule 7-205, they are repeated here for 
emphasis — to assure that an aggrieved party is 
aware of the right to seek and, in appropriate 
cases, obtain a stay of the Board's decision. 



141 



Ord. 99-4 1 7 1 998- 1 999 Session 

The T^ sentence of §1 1.0-8i, dealing with appeals 
to the Board of Municipal and Zoning Appeals, is 
omitted as inconsistent with the jurisdictional 
transfer to the Board of Liquor License 
Commissioners. 

I 
§ 180. {Resented} \ 

§ 181. {Reserved} '' 

PartV. Advisory Task Force 

§ 182. Task Force established. 

There is an Adult-entertainment Business Advisory Task Force. 

Comment 

This section is new language derived from the 1" 
sentence of former Article 30, § 1 1 .0-81. 

§ 183. Purpose. 

The purpose of the Advisory Task Force is to advise the 

APPROPRIATE administrative AND ELECTED OFFICIALS ON MATTERS 
RELATED TO THE CONDUCT OF ADULT-ENTERTAINMENT BUSINESSES. 

Comment 

This section is new language derived from the 2"*^ 
sentence of former Article 30, § 1 1 .0-81. The 
former reference to "monitor[ing]" adult- 
entertainment businesses is deleted as 
unnecessary. 

§184. APPOINTMENT AND COMPOSITION. 

(A) In GENERAL 

The Advisory Task Force consists of 9 members who serve 
without compensation. 



142 



1998-1999 Session Ord. 99-417 



(B) Representation. 

The Mayor appoints the members of the Advisory Task 
Force, as follows: 

(1)2 members from a list of 4 nominees by the citizens 
Planning and Housing Association; 

(2) 1 member from a list of 2 nominees by the greater 
Baltimore Committee; 

(3) 1 member from a list of 2 nominees by the baltimore 
City Chamber of Commerce; 

(4) 3 MEMBERS, 2 OF WHOM MUST BE MEMBERS OF THE 

Baltimore Entertainment Center, Inc., from a list of 
6 nominees by the holders of adult-entertainment 
business licenses; 

(5) 1 member from a list of 2 nominees by the downtown 
Partnership, Inc. ; and 

(6) 1 member, who must be a member of the baltimore 
City Council, nominated by the President of the City 
Council. 



(c) Terms. 



( 1 ) The terms of the members are as provided in Article IV, 
§ 6 of the City Charter. 

(2) No individual may serve more than 2 CONSECUTIVE TERMS 

ON THE Advisory Task Force. 



(D) Chair. 



The Mayor designates the chair of the Advisory Task 
Force. 

Comment 

This section is new language derived from former 
Article 30, §lL0-8m. 



143 



Ord. 99-417 



1998-1999 Session 



In subsection (b)(4) of this section, the name of 
the represented entity is updated to reflect recent 
changes. 

In subsection (c)(1) of this section, the formerly 
designated 3-year terms are omitted as inconsistent 
with the 1996 Charter Revision. 



PartVI. Penalties 



§ 185. {Reserved} 
§ 186. {Reserved} 

§ 187. Penalties. 

(A) In GENERAL 



Any person who violates, omits, neglects, or refuses to 
comply with, or resists the enforcement of any provision of 
this subtitle or of any rule or regulation adopted under 
this subtitle is guilty of a misdemeanor and, on conviction, 
is subject to a hne of not more than $500. 

(B) Each day a separate offense. 

Each day that a violation continues after notihcation 
constitutes a separate offense. 

Comment 

This section is new language derived from the P' 
clause and 2""^ sentence of former Article 30, 
§11.0-7a. 

In subsection (a) of this section, reference is added 
to the Board's rules and regulations for clarity and 
consistency (cf. §177(5) of this subtitle). Also, the 
former minimum penally of $25 is deleted to 
conform to the general policy established by 
Article 1, §643 of the Maryland Code, which 
stales that, notwithstanding a statutory minimum 
penalty, a court may impose a lesser penalty of the 
same character. 



144 



998- 1 999 Session Ord. 99-4 1 8 



Section 4. And be it further ordained, That , except as required 
for purposes of Section 5 of this Ordinance, all licenses, applications for 
licenses, rules and regulations, proposed rules and regulations, orders, 
notices, and other directives, forms, investigations, administrative and 
judicial proceedings, and records and all other duties and responsibilities 
associated with the functions transferred by this Ordinance continue in 
effect under the authority of the Board of Liquor License Commissioners 
until completed, withdrawn, expired, canceled, modified, or otherwise 
changed pursuant to law. 

Section 5. And be it further ordained. That any licensing appeal 
or related matter pending before the Board of Municipal and Zoning 
Appeals on the effective date of this Ordinance shall proceed and be 
adjudicated on the basis of and in accordance with the law as it existed 
when the alleged violation was committed. Unless otherwise mandated bv 
State law, that pending appeal or other matter shall be heard, decided, and 
adjudicated by the Board of Municipal and Zoning Appeals. 

Section §6. And be it further ordained. That all provisions of 
this Ordinance are severable, and if a court determines that a word, phrase, 
clause, sentence, paragraph, subsection, section, or other provision is 
invalid or that its application to any person or circumstances is invalid, the 
remaining provisions and the application of those provisions to other 
persons or circumstances are not affected by that decision. 

Section 6 7. And be it further ordained. That the Comments 
following the various sections and subsections of this Ordinance and the 
captions and other headings contained in this Ordinance are for guidance 
only. They are not intended to become law and should not be construed as 
being part of the law. 

Section 1- 8. And be it further ordained. That this Ordinance 
takes effect on the 30th day after the date it is enacted. 



Approved April 26, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-418 
Council Bill 99-890 

An Ordinance Concerning 

145 



Ord. 99-4 1 8 1 998- 1 999 SESSION 



Ticket Resales — Entertainment and Sports Facilities 

For the purpose of prohibiting the resale of certain tickets on any pubhc 
right-of-way within a certain distance of certain entertainment and 
sports facihties; deleting an obsolete reference to Memorial Stadium; 
and correcting and clarifying certain language. 

By repealing and reordaining, with amendments 

Article 19 - Police Ordinances 

Section(s) 198A 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — Ticket Sales 

§ 198A. Prohibited[;] resale [of tickets] near [sports] CERTAIN facilities. 

(a) Prohibited CONDUCT. 

On any public right-of-way within 1 mile of the outer perimeter of 
[Oriole Park at Camden Yards or Memorial Stadium] THE 
Baltimore Arena or of the Camden Yard Sports Complex 
(which includes the orioles' ballpark and the ravens ' 
STADIUM), a person [shall] MAY not offer for resale [tickets] ANY 
TICKET to any [professional] sporting OR OTHER event that takes 
place at [Oriole Park at Camden Yards or Memorial Stadium] THE 
Baltimore Arena or the Camden Yard Sports Complex. 

(b) Penalties. 

Any person who violates this section is guilty of a misdemeanor 
and, [upon] ON conviction, [may be fined] IS SUBJECT TO A RNE OF 
not more than $50 FOR EACH OFFENSE. 



146 



1 998- 1 999 Session Ord. 99-4 1 9 



Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved April 26, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-419 
Council Bill 98-897 

An Ordinance Concerning 

Rezoning — 4020 . 4022, and 4024 Eastern Avenue 

and 422 South Haven Street 

(Ward 26, Section 10, Block 6316, all lots) 

For the purpose of changing the zoning for certain portions of the property 
properties known as 4020 , 4022, and 4024 Eastern Avenue and 422 
South Haven Street (Ward 26, Section 10, Block 6316, all lots), from 
the B-3-2 and M-2-2 Zoning Districts to the B-2-3 Zoning District, as 
outlined in red on the accompanying plat. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 58 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 58 of the Zoning District Maps is amended by 
changing from the B-3-2 and M-2-2 Zoning Districts to the B-2-3 Zoning 
District certain portions of the property properties known as 4020 , 4022, 
and 4024 Eastern Avenue and 422 South Haven Street (Ward 26, Section 
10, Block 6316, all lots), as outlined in red on the plat accompanying this 
Ordinance. 

Section 2. And be it further ordained. That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 

147 



Ord. 99-420 1 998- 1 999 SESSION 



agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved April 26, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-420 
Council Bill 99-910 

An Ordinance Concerning 

Sale of Property — 2614 and 2616 Huron Street 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located at 2614 and 2616 Huron Street and no longer needed for public 
use; and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in the property located at 2614 
and 2616 Huron Street, Baltimore, Maryland 21230, and more particularly 
described as follows: 



148 



1998-1 999 Session Ord. 99-42 1 



The subject parcel (Block 7477, Lots 8 and 9) is 
rectangular in shape. Each site fronts 32 feet along Huron 
Street and have a depth of 100 feet. The sites are grass 
covered, basically level, and at street grade. 

containing 3,200+ square feet, more or less, this property being no longer 
needed for public use. 

Section 2. And be it further ordained. That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved April 26, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-421 
Council Bill 97-502 

An Ordinance Concerning 

Abandoned Vehicles 



For the purpose of correcting certain provisions of the City Code relating to 
abandoned vehicles so as to conform to governing State law; correcting 
certain obsolete references; defining certain terms; correcting, 
clarifying, and conforming certain language; and generally relating to 
the prohibition against abandoning vehicles on public or private 
property in the City of Baltimore. 

By repealing and reordaining, with amendments 

Article 31 - Transit and Traffic 

Section(s) 86(e) and 91 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 



149 



Ord. 99-42 1 1 998- 1 999 SESSION 

Baltimore City Code 

Article 31 — Transit and Traffic 

Subtitle — Clear Streets 

86. Definitions. 

(e) [An "abandoned motor vehicle," as such word is used herein, shall 
be one whose owner or operator has left it in a public place or on private 
property without the consent of the owner or lawful occupant thereof with 
the apparent intention of not reclaiming such vehicle. To assist the 
Commissioner in determining abandonment and to carry out the purpose of 
this subtitle by clearing the streets, such vehicle shall be considered 
abandoned if left unattended on a street for a continuous period of 48 hours 
or more, or on private property for any length of time without the consent of 
the owner or lawful occupant thereof. Any vehicle with no license plates or 
indistinguishable plates or which is inoperable may be considered an 
abandoned motor vehicle.] "ABANDONED VEHICLE" HAS THE MEANING 
STATED IN § 25-201 OF THE MARYLAND VEHICLE LAW. 

91. Abandoned vehicles. 

(A) "Department" dehned. 

In THIS SECTION, "DEPARTMENT" MEANS: 

(1) THE Department of Public Works, if that 
agency has been designated for these 
purposes by the Board of Estimates, as 
provided in § 25-201 (e)(3) of the 
Maryland Vehicle Law; or 

(2) otherwise, the Baltimore City Police 
Department. 

(a)(b} Prohibition. 

[It shall be unlawful for any person to abandon] THE ABANDONMENT OF 
a vehicle on the streets of the City, ON ANY OTHER PUBLIC PROPERTY, or 
[upon] ON ANY private property [therein] WITHOUT THE CONSENT OF THE 
OWNER OR PERSON IN CONTROL OF THAT PRIVATE PROPERTY IS PROHIBITED 

BY § 25-202 OF THE Maryland Vehicle Law, subject to the penalties 



150 



998- 1 999 Session Ord. 99-42 1 



PROVIDED IN Title 27 of the Maryland Vehicle Law. [Violation of this 
provision shall be deemed a misdemeanor punishable by a fine not less than 
$100.00 nor more than $500.00.] 

(&)(cl Public PROPERTY. 

Where a [motor] vehicle has been abandoned on a street OR any OTHER 
PUBLIC PROPERTY, the [Commissioner is authorized to cause such] 
Department of Public Works may have the vehicle [to be] removed [in 
the manner elsewhere] AS provided [for herein] IN THIS SUBTITLE. 

^(D) Private property. 

(1) Where a [motor] vehicle has been abandoned on private 
property, the [Commissioner] DEPARTMENT shall first ascertain [the 
ownership of such] WHO OWNS OR CONTROLS THE property and make a 
reasonable effort to discover whether [said] THE vehicle is parked or stored 
on [such] THE property with the consent of the owner or [lawful occupant 
thereof] PERSON IN CONTROL OF THE PROPERTY. 

(2) If, [it is determined] by reasonable investigation, THE 
Department determines that the [motor] vehicle is parked on [such] the 
property without the consent of the owner[,] or [lawful occupant] PERSON IN 
CONTROL, or if the owner OR PERSON IN CONTROL cannot be located within a 
reasonable period of time, or if the storage of [such] the vehicle is in 
violation of the zoning laws or regulations of the City as applied to [such 
private] THAT property, then [such] THE vehicle [shall be] IS deemed 
abandoned and may be towed or otherwise [transported away from such 
private property] REMOVED, as PROVIDED FOR vehicles found abandoned 
on public [streets as aforesaid] property. 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted 

Approved May 10, 1999 

Kurt L. Schmoke, Mayor 



151 



Ord. 99-422 1 998- 1 999 SESSION 



City of Baltimore 
Ordinance 99-422 
Council Bill 98-808 

An Ordinance Concerning 

Tenant's Right of First Refusal — Exemption 

For the purpose of providing a certain exemption to the provisions for a 
tenant's right of first refusal in the sale of single-family rental 
residential property; and correcting and conforming certain language. 

By repealing and reordaining, with amendments 

Article 1 3 - Housing and Urban Renewal 

Section(s) 52 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

It is the intent of the Tenant's Right of First Refusal law that the tenant 
of any single-family residential rental property have the opportunity to 
purchase that property before title to the property is transferted. 

It is also the intent of the Tenant's Right of First Refusal law that 
residential property owners not be unreasonably impeded in selling their 
properties. 

When title to single-family residential property is voluntarily 
transferred through a bona-fide third-party broker, a tenant is provided with 
notice of sale and an opportunity to purchase the property. 

Transactions involving a bona-fide third-party real estate broker can 
easily be verified to determine if the tenant has been given notice and an 
opportunity to purchase. 

Accordingly, exempting transfers of title in which the property is listed 
for sale with a bona-fide third-party licensed real estate broker furthers the 
intent of the Tenant's Right of First Refusal law. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 



152 



1 998- 1 999 Session Ord. 99-422 

Baltimore City Code 

Article 13 — Housing and Urban Renewal 

Subtitle — Tenant's Right of First Refusal 

§ 52. Exemptions. 

The following transfers of title to single family residential rental 
properties [shall be] are exempt from the requirements of this [law] 
SUBTITLE: 

(a) transfer of title to a spouse, child or children, parents, 
siblings, or in-laws of the landlord; 

(B) transfer of title by will or through inheritance [pursuant to] 
UNDER the Estates and Trusts Article of the [Annotated 
Code of] Maryland CODE; 

(C) a gift to any religious, charitable, or benevolent, [tax 
exempt] TAX-EXEMPT donee; 

(D) transfer of title in a mortgage or deed of trust; 

(E) transfer of title to a government agency; 

(F) transfer of, or for the sole purpose of creating, a 
reversionary (ground rent) interest, [where] IF the [lease- 
hold] LEASEHOLD is retained by, or was not owned by the 
transferor; 

(G) transfer of title in lieu of foreclosure of a mortgage or deed 
of trust; 

(H) any sale at public auction of a property individually 
[where], IF the landlord has offered the property to the 
tenant [pursuant to] AS REQUIRED BY Section 49(a) OF THIS 
SUBTITLE, and the tenant has failed to exercise the right of 
first refusal [as therein provided prior to said] BEFORE THE 
auction sale; 

(I) any transfer by a personal representative from a decedent's 
estate made in the course of administration of the estate; 
[and] 



153 



Ord. 99-422 1 998- 1 999 SESSION 



(J) a transfer of title by a bona fide gift to [any] A relative of 
the transferor or relative of the transferor's spouse[. For the 
purpose of the last exemption, a relative of the transferor or 
the transferor's spouse shall be limited], SUBJECT to the 
following: 

[ (a)](l) "RELATIVES" MEANS ONLY those relatives [as 
currently] set forth in Section 267(c)(4) of the Internal 
Revenue Code of 1986 and all lineal descendants and 
spouses of those relatives to the extent not already 
included [therein,] IN THAT SECTION [provided that]; 

(2) "ancestors" as defined in Section 267(c)(4) of the 
Internal Revenue Code of 1986 [shall be] are 
limited to the levels of parents and grandparents; 

AND 

[(b)](3) "lineal descendants" [shall] include illegitimate 
children and step children, and full effect shall be 
given to legal adoption; AND 

(K) (11 A TRANSFER OF TITLE IN which: 

(4^ (D THE PROPERTY IS LISTED FOR SALE WITH A BONA 
RDE THIRD-PARTY LICENSED REAL ESTATE BROKER; 
AND 

(2) (Hi THE TENANT IS NOTIRED IN WRITING JN 

accordance with item (2), that: 

(0 l the right of rrst refusal under this 
subtitle does not apply because of the 
exemption under this subsection; 

(«) 2^ the tenant may negotiate for the 

purchase of the property on the same basis as other 

members of the general public; and 

(w) 3^ the tenant may contact the homeownership 
Institute in the Department of Housing and Community 
Development for information about the process of 
purchasing and hnancing a home; and 



154 



1 998- 1 999 Session Ord. 99-423 



(3) either: 

^ — THE PROPERTY IS PROMINENTLY POSTED 
WITH A FOR SALE SIGN UNTIL TR.\>JSFER; 
OR 

(II) If POSTING OF FOR SALE SIGNS IS 

PROHIBITED BY COVENA>rr, THE LANDLORD 
OBTAINS A RECEIPT FOR THE NOTICE 
REQUIRED U^JDER PARi\GR.\PH (2) OF THIS 
SUBSECTION. 

(2) THE NOTICE MUST BE SENT TO THE TENANT AT HIS OR HER LAST 
KNOWN ADDRESS, BY CERTIFIED MAIL, RETURN RECEIPT 
REQUESTED, WITHIN 48 HOURS AFTER THE LISTING OF THE 
PROPERTY WITH A REAL ESTATE BROKER. WITH THE NOTICE TO 
THE TENANT. THE LANDLORD OR THE REAL ESTATE BROKER 
SHALL SEND A COPY OF ALL INFORMATION INCLUDED IN THE 
PUBLIC OFFERING FOR SALE. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved May 10, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-423 
Council Bill 98-898 

An Ordinance Concerning 

Urban Renewal — Market Center — 
Amendment 12 

For the purpose of amending the Urban Renewal Plan for the Market 
Center Urban Renewal Area to revise certain land uses, delete 
development area controls for certain development areas, delete 



155 



Ord. 99-423 1 998- 1 999 SESSION 



Pedestrian Air Rights Easements, authorize the acquisition by purchase 
or by condemnation of certain properties for urban renewal purposes, 
create new disposition lots, provide standards for the new disposition 
lots, delete certain disposition lots, provide design guidelines for new 
construction in Appendix A, make various changes to the property 
rehabilitation standards, correct certain references, and revise certain 
exhibits attached to the Plan to reflect the changes in the Plan; waiving 
certain content and procedural requirements; making the provisions of 
this Ordinance severable; providing for the application of this 
Ordinance in conjunction with certain other ordinances; and providing 
for a special effective date. 

By authority of 

Article 13 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

The Urban Renewal Plan for Market Center was originally approved by 
the Mayor and City Council of Baltimore by Ordinance 77-579 and last 
amended by Ordinance 98-333. 

An amendment to the Urban Renewal Plan for Market Center is 
necessary to revise certain land uses, delete development area controls for 
certain development areas, delete Pedestrian Air Rights Easements, 
authorize the acquisition by purchase or by condemnation of certain 
properties for urban renewal purposes, create new disposition lots, provide 
standards for the new disposition lots, delete certain disposition lots, 
provide design guidelines for new construction in Appendix A, make 
various changes to the property rehabilitation standards, correct certain 
references, and revise certain exhibits attached to the Plan to reflect the 
changes in the Plan. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

This proposed amendment to the Renewal Plan for Market Center has 
been approved by the Director of the Department of Planning for conformity 
to the Master Plan, for the detailed location of any public improvements 



156 



1998-1999 Session Ord. 99-423 



proposed in the amended Urban Renewal Plan, and for conformity to 
existing and proposed zoning classifications. The proposed amendment 
also has been approved and recommended to the Mayor and City Council of 
Baltimore by the Commissioner of the Department of Housing and 
Community Development. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Market Center are approved: 

(1) On page 2 of the Plan, in B. Urban Renewal Objectives , strike 

subsection Lin its entirety and substitute: 

I . To make possible a public and private partnership 
for the purpose of revitalizing the Project Area as a 

MIXED use neighborhood LINKING THE UNIVERSITY 

Center area with Charles Center and the current 
Central Business District. 

(2) On page 2 of the Plan, in B. Urban Renewal Objectives , strike 
subsection 3 and redesignate subsections 4., 5., 6., 7., 8., 9., 
10., and 11., respectively, to be subsections 3., 4., 5., 6., 7., 8., 
9., and 10., respectively. 

(3) On page 2 of the Plan, in B. Urban Renewal Objectives , strike 

newly-designated subsection 3. in its entirety and substitute: 

3 . to acquire certain properties within the project 
Area in order to assemble feasible redevelopment 

PARCELS. 

(3a) On page 2 of the Plan, in B. Urban Renewal Objectives, after 
newly-designated subsection 10, add: 

I I . To ENCOURAGE THE PRESERVATION OF EXISTING HISTORIC/ 
ARCHITECTURALLY SIGNIHCANT BUILDINGS AND STREETSCAPES 

and the unique historic character of the area for 
Baltimore residents and visitors. 

12. To encourage small^ diverse, locally-owned businesses. 



157 



Ord. 99-423 1 998- 1 999 SESSION 



(4) On page 4 of the Plan, in C. Land Use Plan , 1 . Peirnitted Uses , 
strike subsection (a) Residential in its entirety and substitute: 

(A) Residential 

Uses permitted shall be those as established in the 0-R- 
3, B-4, AND B-5 Zoning District categories of the Zoning 
Ordinance of Baltimore City, with the above exceptions. 
Exhibit 3 indicates the location of the applicable zoning 
districts. 

(5) On page 4 of the Plan, in C. Land Use Plan , 1 . Permitted Uses , 
strike subsection (d) Public in its entirety and substitute: 

(D) Public 

The uses shall be limited to parks, playgrounds, plazas, 
and malls; active and passive recreation; schools and 
related educational facilities; public offices; libraries, 
firehouses; museums and cultural institutions; parking; 
and other public facilities. 

(6) On page 8 of the Plan, in E. Provisions Applicable to All 
Land to be Acquired. 5. Disposition Lot Controls, (a) 
General Controls , strike paragraph (5) in its entirety and 
substitute: 

(5) Landscape treatment encompasses the planting of 
any, all, or a combination of the following: trees, 
shrubs, ground cover, grass, flowers. the amount 
of landscape treatment should be determined by the 
nature of the development and should serve to 
improve the utility of the site, soften and relieve 
the effects of structure and pavement, and provide 
visual harmony. all screening and landscaping 
shall be maintained in good condition. 

(7) On page 9 of the Plan, in E. Provisions Applicable to All 
Land to be Acquired , 5. Disposition Lot Controls, (b) 
Specific Controls , strike all entries in the "Standards and 
Controls" column for Disposition Lot A , strik e the 
following language and substitute : 



158 



1 998- 1 999 Session Ord. 99-423 



This lot constitutes the site of the Transit Station Joint 
Development Project (Value Capture Project), a mixed- 
use. MEDIUM-TO-HIGH-RISE DEVELOPMENT. THE PROJECT SHALL 

be developed integral with existing buildings or 
portions of buildings to remain and the southeast 
Lexington Market subway entrance. Pedestrian 
connections at several levels shall be provided for 
access to the subway station. the mixed-use project 
shall include the following uses and controls: 

"; L e xington Street Mall; and the south e ast Lexington Market 
Subway entranc e . P e destrian connections at sev e ral levels 
shall be provided for acc e ss to the subway station and skywalks 
across How^ard Street to Development Area (19), across 
Lexington Str e et Mall to D e velopment i\rea (23a), across 
Eutaw Street to Disposition Lot (C) and across Saratoga Street 
to Development i\rea (11a)". 

(8) On pages 9 and 10 of the Plan, in E. Provisions Applicable 
to All Land to be Acquired , 5. Disposition Lot Controls, (b) 
Specific Controls , strike all entries for Disposition Lots D, 
F, and J. 

(9) On page 10 of the Plan, in E. Provisions Applicable to All 
Land to be Acquired , 5. Disposition Lot Controls, (b) 
Specific Controls , strike the entry in the "Standards and 
Controls" column for Disposition Lot H in its entirety and 
substitute: 

This Lot is proposed for a mixed-use medium to high-rise 
development. the mixed-use shall include retail on the 

street level and MID AND HIGH-RISE STRUCTURES. 

(10) On page 10 of the Plan, in E. Provisions Applicable to All Land to 
be Acquired , 5. Disposition Lot Controls, (b) Specific Controls , 
strike the e ntr>^ in the "Standards and Controls" column all entries 
for Disposition Lot I in its e ntirety and substitute: 

This Lot is proposed as an appendage to the mixed use 
de\^lopment ]n Disposition Lot (H) . 

(10a) On page 10 of the Plan, in E. Provisions Applicable to All Land 
to be Acquired, 5. Disposition Lot Controls, (b) Specific Controls. 



159 



Ord. 99-423 



1998-1999 Session 



strike the entry in the "Land Use" column for Disposition Lot CC 
and substitute "MlXED'\ 

(10b) On page 1 1 of the Plan, in E. Provisions Applicable to All Land 
to be Acquired, 5. Disposition Lot Controls, (b) Specific Controls, 
strike the entry in the "Land Use" column for Disposition Lots EE, 
KK, LL, MM, and Tl and substitute "MIXED"; and in the 
"Standards and Controls" column for Disposition Lots EE, LL, 
MM, and Tl, strike "commercial" and substitute "MIXED". 

(11) On page 1 1 of the Plan, in E. Provisions Applicable to All Land to 
be Acquired , 5. Disposition Lot Controls, (b) Specific Controls , 
strike the entry in the "Standards and Controls" column for 
Disposition Lot HH in its entirety and substitute: 

Redevelopment for mixed use. 

(12) On page 1 1 of the Plan, in E. Provisions Applicable to All Land to 
be Acquired , 5. Disposition Lot Controls, (b) Specific Controls , 
strike the entry in the "Standards and Controls" column for 
Disposition Lot JJ in its entirety and substitute: 

Redevelopment for mixed use and/or off-street parking. 

(13) On page 1 1 of the Plan, in E. Provisions Applicable to All Land to 
be Acquired , 5. Disposition Lot Controls, (b) Specific Controls , 
after the entry for Disposition T-2, add entries for additional 
Disposition Lots as follows: 



Disposition 
Lot 



Land Use Zoning 



Standards and Controls 



PP Mixed/ B-4-2 

Comm e rcial 



QQ Mixed 



B-4-2 



Rehabilitation and/or 
redevelopment for mixed use. 

Redevelopment for parking 
garage and mixed use. 



RR Commercial 

Mixed B-4-2 



Redevelopment for mixed 
use. 



160 



1998-1999 Session 



Ord. 99-423 



SS Comm e rcial 

Mixed B-4-2 



TT Comm e rcial 

Mixed B-4-2 



UU Mixed 



B-4-2 



Rehabilitate and/or 
redevelopment for mixed use. 



Rehabilitate and/or 
redevelopment for mixed use. 

Rehabilitate buildings for 
mixed use. 



W 



Commercial 
Mixed 



B-4-2 Rehabilitate buildings facing 

Eutaw Street for 
commercial us e for mixed 
use. 



(14) On page 12 of the Plan, strike the introductory paragraph to 
Section F. Provisions Applicable to Land Not to be Acquired in its 
entirety and substitute: 

F. Provisions Applicable to Land Not to be Acquired 

The provisions of Section C. 1 (Permitted Uses) above shall 
apply to all properties in the project area. the provisions 
OF Section E. shall apply as appropriate to properties not 
currently proposed to be acquired under this plan if the 
owners thereof acquire adjacent project land made 
available by the department of housing and community 
Development under the provisions of this Plan. The 
PROVISIONS OF Appendix A, Design Guidelines for New 
Construction and Property Rehabilitation Standards, 
shall apply to all properties in the project area except 
those designated for acquisition and clearance. 

(15) On page 13 of the Plan in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , add new paragraph (f) to read as 
follows: 

(F) Variances to this Renewal Plan may be 

GRANTED BY THE DEPARTMENT FOR URBAN, 
ARCHITECTURALt and landscape STANDARDS ON 
THE BASIS OF DESIGN AND ARCHITECTURAL INTENT 



161 



Ord. 99-423 1998-1999 SESSION 



OR UNUSUAL CIRCUMSTANCES, PROVIDED SUCH 
VARIANCES ARE CONSISTENT WITH THE INTENT OF 

THIS Renewal Plan. 

( 1 6) On pages 1 3 and 1 4 of the Plan, in F. Provisions Applicable to 
Land Not to be Acquired , 2. Development Areas , in the "Proposed 
Development" column for Development Area Lots 1, 4, 5b, 5c, and 
10a, in each instance strike "residential & commercial" and 
substitute "MIXED". 

(17) On pages 13, 14, and 15 of the Plan, in F. Provisions Applicable to 
Land Not to be Acquired , 2. Development Areas , in the "Proposed 
Development" column for Development Area Lots 2a, 6a, 6b, 6c, 
10b, 12b, 13b, 4^ and 18, in each instance strike "commercial & 
residential" and substitute "MIXED". 

(18) On page 13 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , in the "Proposed Development" 
column for Development Area Lot 2d, strike "office & residential" 
and substitute "MIXED". 

(19) On page 13 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , in the "Proposed Development" 
column for Development Area Lot 5a, strike "residential & 
commercial use. Residential" and substitute "mixed use with 

RESIDENTIAL". 

(20) On page 14 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , in the "Proposed Development" 
column for Development Area Lot 9, strike "commercial or 
residential use of and substitute "MIXED USE OR". 

(2 1 ) On page 1 4 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the "Land Use" 
column for Development Area Lot 11a and substitute "MIXED"; 
and strike all entries in the "Proposed Development" column for 
Development Area Lot 1 la and substitute "MIXED USE 
DEVELOPMENT ON REMAINDER OF PUBLIC USE PROPERTY." 

(22) On page 14 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strik e all e ntri e s in the "Proposed 
Development" column for Development Area Lot 13a . strike 
"Rehabilitation of buildinss for commercial & residential and/or 



162 



1 998- 1 999 Session Ord. 99-423 



mid-rise commercial redevelopment." and substitute 
"Rehabilitation of buildings for mixed use and/or mid-rise 
development redevelopment. ." 

(22a) On page 14 of the Plan, in F. Provisions Applicable to Land Not 
to be Acquired, 1. Plan Review, in the ''Land Use'' column for 
Development Area Lots 15a and 15b, in each instance, strike all 
entries and substitute "MIXED": and in the "Proposed Development" 
column for Development Area Lots 15a and 15b, in each instance, 
strike all entries and substitute "REHABILITATION AND/OR 
REDEVELOPMENT OF BUILDINGS FOR MIXED USE". 

(22b) On page 14 of the Plan, in F. Provisions Applicable to Land Not 
to be Acquired, 1 . Plan Review, strike all entries in the "Land Use" 
column for Development Area Lot 17. and substitute "MIXED"; and 
strike all entries in the "Proposed Development" column for 
Development Area Lot 17 and substitute "REHABILITATION OF 
BUILDINGS FOR MIXED USE". 

(23) On pages 15 and 16 of the Plan, in F. Provisions Applicable to 
Land Not to be Acquired , 1 . Plan Review , strike Development Area 
Lots 19, 24a, 24b, 25a, 25b, 26a, 26d, and 27b in their entirety. 

(24) On page 15 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the "Proposed 
Development" column for Development Area Lot 20 and substitute 
" REHABILITATION REDEVELOPMENT AND/OR REHABILITATION FOR 
MIXED USE.". 

(25) On page 15 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the "Proposed 
Development" column for Development Area Lot 21a and 
substitute "REDEVELOPMENT AND/OR REHABILITATION OF BUILDINGS 
FOR MIXED USE.". 

(26) On page 15 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the "Proposed 
Development" column for Development Area Lot 21b and 
substitute "REHABILITATION OF BUILDINGS FOR MIXED USE.". 



163 



Ord. 99-423 1 998- 1 999 Session 



(27) On page 15 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the "Proposed 
Development" column for Development Area Lots 21c and 22a and 
substitute "REDEVELOPMENT FOR MIXED USE.". 

(27a) On page 15 of the Plan, in F. Provisions Applicable to Land Not 
to be Acquired, 1. Plan Review, strike all entries in the ''Land Use" 
column for Development Area Lots 22a, 22b, 23a, and 23b, and 
substitute "MIXED". 

(28) On page 1 5 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the "Proposed 
Development" column for Development Area Lot 22b and 
substitute "REHABILITATION AND/OR REDEVELOPMENT OF BUILDINGS 
FOR MIXED USE.". 

(29) On page 15 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the "Proposed 
Development" column for the Mixed Land Use of Development 
Area Lot 23a and substitute " Rehabilitation Redevelopment 

AND/OR REHABILITATION OF BUILDINGS FOR MIXED USE."; and Strike 

all Public Land Use entries for Development Area Lot 23a.. 

(30) On page 15 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the "Proposed 
Development" column for Development Area Lot 23b and 
substitute "REHABILITATION OF BUILDINGS FOR MIXED USE. " 

(3 1 ) On page 16 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the ''Land Use" 
column for Development Area Lot 26b and substitute "MIXED": and 
strike all entries in the "Proposed Development" column for 
Development Area Lot 26b and substitute "Redevelopment for 

MIXED USE." 

(32) On page 16 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the "Land Use" 
column for Development Area Lot 26c and substitute "Mixed"; and 
strike all entries in the "Proposed Development" column for 
Development Area Lot 26c and substitute "REHABILITATION OF 
BUILDINGS FOR MIXED USE." 



164 



1 998- 1 999 Session Ord. 99-423 



(33) On page 16 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the ''Land Use" 
column for Development Area Lots 27a, 28a. and 28b and 
substitute "MIXED"; and strike all entries in the "Proposed 
Development" column for Development Area Lots 27a, 28a, and 
28b and substitute "Rehabilitation and/or redevelopment for 
MIXED USE." ; and in the "Land Us e " column for Development Area 
Lot 27a, strike "Commercial" where it app e ars th e second time . 

(34) On page 16 of the Plan, in F. Provisions Applicable to Land Not to 
be Acquired , 1 . Plan Review , strike all entries in the ''Land Use" 
column for Development Area Lot 29 and substitute "Mixed"; and 
strike all entries in the "Proposed Development" column for 
Development Area Lot 29 and substitute "Rehabilitation and/or 
redevelopment of buildings for mixed use." 

(35) On pages 16 and 17 of the Plan, in F. Provisions Applicable to 
Land Not to be Acquired , strike subsection 3. Pedestrian Air Rights 
Easements in its entirety. 

(36) On page 1 8, in K. Other Provisions Necessary to Meet 
Requirements of State and Local Laws , 2. Reasons for the Various 
Provisions of this Plan , strike paragraph (a) in its entirety and 
substitute; 

(A) To MAKE possible A PUBLIC AND PRIVATE 

PARTNERSHIP FOR THE PURPOSE OF REVITALIZING 

THE Project Area as a mixed use 

NEIGHBORHOOD LINKING THE UNIVERSITY CENTER 

AREA WITH Charles Center and the current 
Central Business District. 

(37) On page 18, in K. Other Provisions Necessary to Meet 
Requirements of State and Local Laws , 2. Reasons for the Various 
Provisions of this Plan , strike paragraph (c) in its entirety. 

(38) On page 1 of the Appendix, insert a new Section I to read as 
follows; 

L DESIGN GUE)ELD^JES FOR NEW CONSTRUCTION 

Plans, elevations and appropriate design documents for all 

new construction, and SIGNinCANT REHABILITATION PROJECTS 



165 



Ord. 99-423 1 998- 1 999 SESSION 



MUST BE SUBMITTED TO THE AGENCY DEPARTMENT FOR REVIEW AND 
APPROVAL OF DESIGN AT CONCEPT STAGE. 

A. DEFINITIONS 

Building Height : The vertical distance measured in the 
case of flat roofs, from the mean curb level to the 
level of the highest point of the roof adjacent to the 
street wall, and in the case of pitched roofs, the mean 
curb level to the mean height level of the pitched roof. 

Building Placement : The location, in plan, of a 
structure on its lot. 

build-to-llne : a property line or newly established 
set-back from a property line, as drawn on the land use 
Exhibit, against which the ground floor building must 
BE PLACED. Exceptions may be made to the build-to-line 
for purposes of preservation of existing buildings and 
changes to street right-of-way on lexington street. 
These changes must be reviewed for design by the 
Department. 

Facade : The wall of a building that faces onto a 
primary street. 

Frontage : The portion of a building that faces a public 

STREET. 

Openings : Doors, windows, recessed planes, arcades, 
and recessed balconies. 

Street-Room : A single contiguous exterior area 

CONTAINED WITHIN AND DEHNED BY A SINGLE STREET; 
INCLUDING THE PRIMARY FACADES AND EXTENDING NO MORE 
THAN ONE BLOCK. 

B. GUIDELINES 

First Floor Guidelines: 

1 . The ground level of new buildings shall occupy 
1 00% of the build-to line indicated on exhibit #1 . 



166 



1 998- 1 999 Session Ord. 99-423 



2. All ground floor facades shall have a minimum 
area of 50% consisting of openings and/or clear 

GLASS. 

Color and Materials: 

The building's primary facade, excluding openings, 
should be brick, stone, granite, marble, precast 
concrete, cast stone, or similar masonry product. 
Exterior Insulation and Finish Systems (EIFS) may be 
used on upper floors only, not at ground level. colors 
should be compatible with the surrounding 
architecture. 

Building Heights: 

1 . no building on a primary street shall be less than 35 

feet in height. 

2. Storefronts, arcades and all ground level uses 
must be a minimum of twelve feet high. 

3. Buildings within the same street room should 
vary in building height no more than 20% of the 
average building height within the street room. 

(39) On page 1 of the Appendix, strike "I. PROVISIONS " and 
substitute "H. PROPERTY REHABILITATION STANDARDS ": 
and on pages 16 and 17 of the Appendix, redesignate Sections n 
and in, respectively, to be Sections IE and IV, respectively. 

(40) On page 1 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , at the end of the 
paragraph designated " Rehabilitation Standards ", add the 
following: 

Historic or original materials and/or architectural 
features in need of repair or replacement shall be 
replicated to match the existing materials and/or features. 



167 



Ord. 99-423 1 998- 1 999 SESSION 



(41) On page 1 of the Appendix, in newly-designated Section H. 
PROPERTY REHABILITATION STANDARDS , A. General 
1 . Exterior Wall (front, side and rear) , strike paragraph b. in its 
entirety and substitute the following: 

B . All exposed and visible surfaces shall be replaced, 

REPAIRED, REPOINTED, CLEANED OR PAINTED IN A 
WORKMANLIKE MANNER TO PRESENT AN ACCEPTABLE 
APPEARANCE. 

(42) On page 2 of the Appendix, in newly-designated Section U. 
PROPERTY REHABILITATION STANDARDS , A. General , 
1 . Exterior Wall (front, side and rear) , strike paragraph g. in its 
entirety and substitute the following: 

G. All brick and concrete block walls shall be 

CLEANED, REPAIRED, AND REPOINTED AS REQUIRED. BRICK 
WALLS SHALL BE EITHER PRESERVED IN THEIR NATURAL 
STATE OR PAINTED A COLOR SUITABLE TO THEIR HISTORIC 
STYLE. UNHNISHED CONCRETE BLOCK WALLS SHALL BE 
PAINTED OR STUCCO HNISHED. 

(43) On page 2 of the Appendix, in newly-designated Section 11. 
PROPERTY REHABILITATION STANDARDS , A. General , 1. 
Exterior Wall (front, side and rear) , after paragraph h. insert the 
following: 

I. Resurfacing of existing brick facades with 

MATERIALS SUCH AS FORMSTONE, WOOD SIDING, 
structural glass VENEER, METAL OR VINYL SIDING OR 
PANELS, ETC., SHALL NOT BE PERMITTED. 

and, on pages 2 and 3 of the Appendix, redesignate paragraphs i., j., 
k., 1., m., n., o., and p., respectively, to be j., k., 1., m., n., o., p., and 
q., respectively. 

(44) On page 2 of the Appendix, in newly-designated Section 11. 
PROPERTY REHABILITATION STANDARDS , A. General , 1. 
Exterior Wall (front, side and rear) , at the end of newly-designated 
paragraph k. add the following: 

Where formstone is in solid condition and to be retained, 
painting of facades will be encouraged. 



168 



1 998- 1 999 Session Ord. 99-423 



(45) On page 2 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General 1. 
Exterior Wall (front, side and rear) , strike newly-designated 
paragraph m. in its entirety and substitute the following: 

M . Existing metal or vinyl siding which is undamaged, 

STRUCTURALLY SOUND, AND PERMISSIBLE UNDER THE 

Baltimore City Building code shall be kept bright, 

CLEAN, in a good STATE OF REPAIR, OR PAINTED A COLOR 
COMPATIBLE WITH THE COLORS OF THE NEIGHBORING 
STRUCTURES. ALL OTHER METAL OR VINYL SIDING SHALL 
BE REMOVED. ALL SIDING HIDING OR COVERING THE 
ORIGINAL BUILDING ABOVE THE SIGN AREA SHALL BE 

REMOVED. Existing metal or vinyl siding shall be 

LIMITED TO THE STREET LEVEL AND SHALL NOT COVER MORE 
THAN 25% OF THE TOTAL FRONT. THE METAL OR VINYL 
SHALL BE OF SUFHCIENT GAGE, THICKNESS AND FINISH 
QUALITY TO PREVENT DENTING, SCRATCHING AND 
DISCOLORATION THROUGH NORMAL WEAR AND TEAR. NO 
NEW APPLICATIONS OF VINYL SIDING SHALL BE PERMITTED. 

(46) On page 3 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General , 1. 
Exterior Wall (front, side and rear) , strike newly-designated 
paragraphs p. and q. in their entirety and substitute the following: 

P. Walls, ledges, cornices, sills and other projections 

SHALL BE KEPT CLEAN OF BIRD DROPPINGS AND MAY BE 
PROVIDED WITH INCONSPICUOUS/DISCRETE DETERRENT 
DEVICES TO PROTECT THEM FROM SOILING BY BIRDS. 

Q. No NEW MECHANICAL EQUIPMENT SUCH AS EXHAUST FANS, 
VENTS AND AIR CONDITIONING UNITS SHALL BE ALLOWED TO 
PROJECT THROUGH BUILDING FRONTS OR SIDES FACING 
STREETS UNLESS CONCEALED IN AN APPROVED MANNER. 

(47) On page 3 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General , 2. 
Roofs, after paragraph f. add new paragraph g. as follows: 

G. Rooftop decks or other such structures shall be set 

BACK FROM THE STREET FACADE(S) SO AS TO BE NOT VISIBLE 
FROM SIDEWALKS AT THE OPPOSITE SIDE OF THE STREET. 



169 



Ord. 99-423 1 998- 1 999 Session 



and, on pages 3 and 4 of the Appendix, redesignate paragraphs g. 
and h., respectively, to be h. and i., respectively. 

(48) On page 4 of the Appendix, in newly-designated Section H. 
PROPERTY REHABILITATION STANDARDS , A. General 2. 
Roofs, in newly-designated paragraph i. strike item (1) in its 
entirety and substitute the following: 

( 1 ) The hnished roorng material shall be kept clean, in 

GOOD state of repair, AND OF UNIFORM PATTERN, COLOR, 
AND TEXTURE. 

(49) On page 4 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General , 2. 
Roofs, in newly-designated paragraph i., strike item (4) in its 
entirety and substitute the following: 

(4) Original dormers shall be retained and repaired. 
New dormers shall be compatible with the design of 

THE building's STREET FACADE. THE RNISH MATERIALS 
AND COLORS SHALL BE COMPATIBLE WITH BOTH THE ROOF 
AND FACADE OF THE BUILDINGS. 

(50) On page 4 of the Appendix, in newly-designated Section 11. 
PROPERTY REHABILITATION STANDARDS , A. General , 3. 
Windows , strike paragraphs b., c, and d., in their entirety and 
substitute the following: 

B . All windows must be tight-htting and have sashes 

OF PROPER size AND DESIGN. SASHES WITH ROTTEN WOOD, 
BROKEN JOINTS OR LOOSE MULLIONS OR MUNTINS SHALL BE 
REPLACED. All broken and missing WINDOW PANES 
SHALL BE REPLACED IN ORIGINAL OR APPROPRIATE DESIGN 
WITH GLASS. All exposed wood SHALL BE REPAIRED AND 
PAINTED. 

c. Window openings in upper floors of the front and 

ALL visible sides OF THE BUILDING SHALL BE RETAINED 
AND RESTORED AND NOT BE FILLED, BOARDED UP, OR 
COVERED BY ANY SIGNS. WINDOW STYLES ARE TO 
CONFORM TO ORIGINAL WINDOW STYLES FOR THE BUILDING 

FACADE. Windows in upper floors may be backed by 

SUITABLE curtains, BLINDS, INTERIOR WOOD SHUTTERS, OR 



170 



1 998- 1 999 Session Ord. 99-423 



OTHER APPROVED MATERIALS. WINDOW GLASS AT STREET 
LEVEL SHALL NOT BE PAINTED. 

D. The use of shutters shall not be allowed in cases 

WHERE SHUTTERS WOULD NOT BE APPROPRIATE WITH THE 
ARCHITECTURAL STYLE OF THE BUILDING. 

(5 1 ) On page 5 of the Appendix, in newly-designated Section H. 
PROPERTY REHABILITATION STANDARDS , A. General , 3. 
Windows , in paragraph e., at the end of item (1), before the period, 
add ", EITHER IN EXISTING OR REPLACEMENT SASHES". 

(52) On page 5 of the Appendix, in newly-designated Section H. 
PROPERTY REHABILITATION STANDARDS , A. General , 3. 
Windows , in paragraph e., strike item (4) in its entirety and 
substitute: 

(4) The LINTELS OVER WINDOWS SHALL BE PRESERVED, 

RESTORED, OR REPLICATED. ROTTEN WOOD LINTELS SHALL 
BE REPLACED WITH STEEL LINTELS CONCEALED BEHIND A 
WOOD FACING. BRICK ARCHWORK AND STONE LINTELS 
SHALL BE RESTORED. 

(53) On page 5 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General , 4. 
Storefronts , in paragraph a., strike item (1) in its entirety and 
substitute: 

( 1 ) The GROUND FLOOR BUILDING FACE, GENERALLY, FROM THE 
GRADE LEVEL TO THE CENTERLINE OF THE SECOND FLOOR, 
AND THE ENTRANCE AREA LEADING TO THE DOOR; 

(54) On page 5 of the Appendix , in newly-designated Section H. 
PROPERTY REHABILITATION STANDARDS , A. General , 4. 
Storefronts , strike paragraph b. in its entirety and substitute: 

B. All elements of the storefront including marquees, 

AWNINGS, SHOW WINDOWS, ENTRANCES, SIGNS, LIGHTING, 
SUN PROTECTION, SECURITY GRILLS, ETC., SHALL BE 
COMPATIBLE, HARMONIOUS, AND CONSISTENT WITH THE 
ORIGINAL SCALE AND ARCHITECTURE OF THE BUILDING. 
All SUCH ELEMENTS SHALL BE LOCATED NO HIGHER THAN 
ONE INCH BELOW THE SECOND STORY WINDOW SILL LINE 



171 



Ord. 99-423 1 998- 1 999 Session 



WHERE WINDOWS EXIST, OR TO A POINT 14 FEET ABOVE THE 
SIDEWALK. 

(55) On paee 6 of the Appendix, in newly-designated Section H. 
PROPERTY REHABILITATION STANDARDS , A. General 4. 
Storefronts , strike the caption to paragraph g. in its entirety and 
substitute "G. AWNINGS". 

(56) On page 6 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General , 4. 
Storefronts , in paragraph g., strike item (5) in its entirety and 
substitute: 

(5) AWNINGS SHALL NOT BE DESIGNED SO AS TO PREVENT 
VEHICULAR MOVEMENT AT THE CURB OR TO INTERFERE 
WITH IMPROVEMENTS TO THE PUBLIC RIGHT-OF-WAY SUCH 

as street lights, landscaping, and street furniture. 
Awnings shall not be lower than 8 feet above the 
sidewalk, and not less than 1 foot inside the curb 
and shall otherwise conform with the provisions of 
City ordinances. 

(57) On page 6 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General, 4. 
Storefronts , in paragraph g., after item (6) insert new items (7) and 
(8) to read as follows: 

(7) Awning signage should be limited to the valance 

portion of the awnings awning , with an 8 INCH 

maximum height of letters. Logos may be used on 
other portions of the awning. 

(8) New metal awnings or canopies are not permitted. 

(58) On pag e 7 of th e App e ndix, in newly d e signat e d S e ction H. 
PROPERTY REHABILITATION ST.\^JDARDS , A. G e neral T ^-r 
Storefronts , at the end of paragraph h., add ''SOLID SECURITY 
screens are not permitted.". 

f^ (58) On page 8 of the Appendix, in newly-designated Section 11. 
PROPERTY REHABILITATION STANDARDS , A. General , 4. 
Storefronts , in paragraph h., at the end of item (4), add 



172 



1 998- 1 999 Session Ord. 99-423 



"Handicapped ramps shall be designed to be compatible with 
existing or proposed storefronts or entries.". 

(60) (59) On page 8 of the Appendix, in newly-designated Section n. 
PROPERTY REHABmiTATION STANDARDS , A. General 4. 
Storefronts , strike paragraphs n. and o. in their entirety and 
substitute: 

N. Footways adjacent to all properties within the area 
boundaries shall be maintained, at minimum, in a 

MANNER consistent WITH APPLICABLE BALTIMORE CiTY 

Codes and Ordinances. In addition, when required, 
footways shall be repaired or replaced to present a 
neat and even appearance and in a manner that is 
compatible with the materials, design, and hnish of 
adjacent footway surfaces, including specially 
designed and installed sidewalk, plaza, and mall 
PAVING. Where entire frontage of footway is to be 
replaced, such replacement shall conform to the 
Streetscape Design Guidelines established 
November 1998, by the Department for the 
downtown area. 

o. This Plan encourages the use of adjacent footways for 
sidewalk cafes (outdoor table service) with or without 
awnings, where accessory to a restaurant use. A clear 
walkway not less than 6 feet in width shall be maintained 
in accordance with provisions of City Ordinances. 
Permanent installation of furniture, planters, etc., will not 
be permitted. All furniture and other features shall be of 
durable material and construction and of appropriate 
design. 

^€^ (60) On page 8 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General 5. 
Signs , strike paragraph a. in its entirety and substitute: 

A. All signs not conforming to these regulations shall 

BE removed within 2 YEARS FROM DATE OF ENACTMENT 

OF Amendment 1 2. Billboards larger than 60 square 

FEET THAT ARE LOCATED EAST OF EUTAW STREET SHALL BE 

REMOVED. Billboards larger than 60 square feet 

THAT ARE LOCATED WEST OF EUTAW STREET SHALL BE 



173 



Ord. 99-423 1 998- 1 999 SESSION 



REMOVED IN THE EVENT THEY ARE: 1. LOCATED ON; 2. 
ACROSS THE STREET, ALLEY OR FOOTWAY FROM; 3. 
DIAGONALLY ACROSS FROM; OR 4. ADJACENT TO ANY 
DEVELOPMENT SITE. "DEVELOPMENT SITE" FOR THE 
PURPOSE OF THIS PLAN SHALL BE DEHNED AS ANY PUBLIC 
OR PRIVATE DEVELOPMENT, REDEVELOPMENT, 
REHABILITATION, CONSTRUCTION, IMPROVEMENT OR OTHER 
INVESTMENT, THE AGGREGATE COST OF WHICH EXCEEDS 
$200,000. 

(62^ (61) On page 9 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General 5. 
Signs , strike paragraph d. in its entirety and substitute: 

D. Placement of signs shall be restricted to the first 

FLOOR ONLY, PLACED NO HIGHER THAN THE BOTTOM OF THE 
SECOND STORY WINDOW SILL, WHERE WINDOWS EXIST, OR 
14 FEET ABOVE THE SIDEWALK, WHERE SECOND FLOOR 
WINDOWS DO NOT EXIST, AND THE SIGN BOTTOM SHALL BE 
DIRECTLY ABOVE THE STOREFRONT OR AWNING/SECURITY 
ENCLOSURE. SIGNS SHALL BE DESIGNED IN A MANNER SO 
THAT THEY DO NOT INTERFERE WITH IMPORTANT 
ARCHITECTURAL DETAILS (E.G., WINDOWS, CORNICES, 
CARVED FRIEZES, ARCHES) OF THE BUILDINGS. PLACEMENT 
ENTIRELY ON A FLAT PORTION OF FACADE OR AN AREA 
ENTIRELY WITHIN THE CONRNES OF AN OPENING AND LINED 
UP WITH ARCHITECTURAL DETAILS OR ELEMENTS IS 

REQUIRED. Upper floor signs are contrary to the 

INTENT OF THIS PLAN. HOWEVER, IN SPECIAL 
CIRCUMSTANCES, SIGNS MAY BE PLACED ON UPPER FLOORS 
IF IT IS DETERMINED THAT THERE IS NO PRUDENT MEANS OF 
ACCOMMODATING THE SIGN ON THE HRST FLOOR 
CONSISTENT WITH THESE PROVISIONS OR AS SPECIAL 
EXCEPTIONS APPROVED BY THE DEPARTMENT. 

(6^ (62) On page 10 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General 5. 
Signs , strike paragraph 1. in its entirety and substitute: 

L. Flags and banners, conforming to existing City 
Ordinances, may be displayed on a temporary and 
permanent basis so long as the poles are maintained 
in good condition and the flag or banner material is 



174 



1998-1999 Session Ord. 99-423 



NOT FADED, TORN, OR FRAYED. PROJECTION OF SUCH 
BANNERS OR FLAGS SHALL NOT EXCEED 36 INCHES FROM 
THE BUILDLNG FACADE. 

(64) (63) On page 10 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDsT A. General 5. 
Signs , after paragraph m. insert new paragraph n. to read as 
follows: 

N. One projecting sign perpendicular to the building 

FACE WILL BE PERMITTED FOR EACH BUILDING PROVIDED IT 
IS NO MORE THAN 6 SQUARE FEET IN AREA AND PLACED NO 
HIGHER THAN THE SILL OF THE SECOND STORY WINDOWS 
WHERE THEY EXIST, OR 14 FEET ABOVE GRADE, WHICHEVER 
IS LOWER. 

and redesignate paragraph n. to be paragraph o. 

(6#) (64) On page 10 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General 5. 
Signs , after newly-designated paragraph o. insert new paragraph p. 
to read as follows: 

P. Flat signs placed parallel to the building facade 

SHALL NOT EXCEED 2 SQUARE FEET OF AREA FOR EACH 
LINEAR FOOT OF BUILDING FRONTAGE. A FLAT SIGN ON THE 
FRONT AND SIDE OF A BUILDING MAY BE PERMITTED 
PROVIDING THAT THE TOTAL AREA OF SUCH SIGNS DOES NOT 
EXCEED 2 SQUARE FEET FOR EACH LINEAR FOOT OF 
FRONTAGE. 

and redesignate paragraphs o., p., q., and r., respectively, to be 
paragraphs q., r., s., and t., respectively. 

(66) (65) On page 10 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General 5. 
Signs , strike newly-designated paragraph q. in its entirety and 
substitute: 

Q. No FLAT SIGNS PROJECTING MORE THAN 1 2 INCHES WILL BE 
PERMITTED TO BE MOUNTED TO THE FACE OF ANY BUILDING; 
SUCH EXISTING SIGNS SHALL BE REMOVED AS PROVIDED IN 

Section m. COMPLIANCE. 



175 



Ord. 99-423 1998-1999 SESSION 



(674 (66) On page 10 of the Appendix , in newly-designated Section n. 
PROPERTY^ REHABILITATION STANDARDS , A. General 5. 
Signs , strike newly-designated paragraph r. in its entirety and 
substitute: 

R. Existing marquees to be rehabilitated shall be 

DESIGNED SO AS TO BE COMPATIBLE WITH THE 
ARCHITECTURE OF THE BUILDING. NEW MARQUEES TO BE 
ADDED MUST BE DESIGNED TO BE COMPATIBLE WITH THE 
BUILDING AND ADJOINING STRUCTURES. 

(6^ (67) On page 1 1 of the Appendix, in newly-designated Section 11. 
PROPERTY REHABILITATION STANDARDS , A. General , 6. 
Lighting , strike paragraph b. in its entirety and substitute: 

B. Lighting of the facades of the buildings is 

ENCOURAGED AND MAY BE ACCOMPLISHED WITH 
PROJECTING nXTURES AT THE SHOPFRONT CORNICE LINE OR 
OTHER APPROVED LOCATIONS. SUCH RXTURES SHALL BE 
INCONSPICUOUS AND COMPATIBLE WITH THE BUILDING 
ARCHITECTURE AND PROJECT NOT MORE THAN 24^ 24 
INCHES FROM THE FACE OF THE BUILDING. 

(69) (68) On page 1 2 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General , 8. 
Off-Street Parking , strike paragraph c. in its entirety and substitute: 

c. All parking facilities shall be effectively screened. 
When fronting on public streets and adjacent 
properties, screening shall consist of a masonry 
wall or combination of landscaping and masonry 
wall or metal grille fence, not less than 3 feet in 
height. screening shall be maintained in good 
condition and shall be so designed and placed so as 
not to obstruct vehicle sight distances at 
entrances and exits. solid masonry walls shall be 
USED. Chain link fencing is not permitted fronting 

PUBLIC streets or WALKWAYS. LANDSCAPING SHALL BE 
FULL HEIGHT REQUIRED AT TIME OF INSTALLATION. 

f?0) (69) On page 12 of the Appendix, in newly-designated Section 11. 
PROPERTY REHABILITATION STANDARDS,^A. General , 8. 



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1 998- 1 999 Session Ord. 99-423 



Off-Street Parking , after paragraph e., add new paragraphs f. and g. 
as follows: 

F. Surface parking lots having more than 40 spaces 

SHALL include INSTALLATION OF SHADE TREES AT A RATIO 
OF ONE TREE PER 20 PARKING SPACES. TREES SHALL BE AS 
EVENLY DISTRIBUTED AS POSSIBLE AND SHALL BE A 
MINIMUM OF 3 INCH CALIPER AT TIME OF PLANTING. 

G. Parking structures facing primary streets shall 

INCLUDE ACTIVE USES (RETAIL, COMMERCIAL, OFRCE, ETC.) 
AT STREET LEVEL OR INCORPORATE ARCHITECTURAL 
TREATMENT OR OTHER AMENITIES TO AVOID PEDESTRIAN- 
UNFRIENDLY FACADES. 

f74^ (70) On page 1 3 of the Appendix, in newly-designated Section n. 
PROPERTY REHABILITATION STANDARDS , A. General , 9. 
Off-Street Loading, Storage, and Service , strike paragraph a. and 
substitute: 

A. Where permitted by the Zoning Ordinance of 
Baltimore City, front, side, or rear years yards may 
be used for loading, storage, or service. in addition 
to any requirements of the zoning ordinance, these 
areas shall be appropriately screened from all 

ADJACENT STREETS, ALLEYS, AND PROPERTIES. SCREENING 
SHALL CONSIST OF AN UNPERFORATED MASONRY WALL OR 
METAL GRILL FENCE OR LANDSCAPING, OR COMBINATION 
THEREOF, AT LEAST 3 FEET IN HEIGHT. 

f72) (71) On pages 14, 15, and 16 of the Appendix, in newly- 
designated Section H. PROPERTY REHABILITATION 
STANDARDS , strike subsection B. Special in its entire tyr and 
substitute: 

B. Special. 

The following buildings, due to their 

historic/architectural SIGNinCANCE, WILL BE PRESERVED 

as part of this plan: 

Hechts — 1 1 8-32 North Howard Street 
Stewarts — 226-32 West Lexington Street 



177 



Ord. 99-423 1 998- 1 999 Session 



Baltimore Equitable Society — 21 North Eutaw 

Street 
Hippodrome Theatre — 1 2 North Eutaw Street 
Baltimore Grand — 401 West Fayette Street 
Town Theatre — 311-17 West Fayette Street 
American National Bank — 100-04 West Lexington 

Street 
Mayfair Theatre (Howard Street facade only) — 

506-14 North Howard Street 
401-25 AND 41 8-26 WEST Baltimore Street. 

f^ (72) On pages 17 and 18 of the Appendix, strike newly-designated 
Section IV. COMPLIANCE in its entirety and substitute: 

IV. COMPLIANCE 

All rehabilitation work necessary to meet the above 
standards for the market center shall be completed 
within 2 years from the effective date of amendment 1 2, 
unless extended by the commissioner of the department 
of housing and community development. thereafter, 
all work shall be completed in accordance with the 
date of completion set forth in the notice from the 
commissioner. areas incorporated within the market 
Center project boundaries after July 11,1 980, must 
complete rehabilitation work within 2 years from the 

EFFECTIVE DATE OF THE ORDINANCE IN WHICH THE NEW AREAS 
WERE FIRST INCLUDED. THEREAFTER, ALL WORK AS MAY BE 
REQUIRED FROM TIME TO TIME TO MAINTAIN PROPERTIES 

consistent with these provisions shall be completed in 
accordance with notice from the commissioner. no 
work, alterations, or improvements shall be 
undertaken after enactment of amendment 1 2, which 
does not conform with the requirements herein. 
However, the Commissioner may waive compliance with 
one or more of these standards if such waiver is 
determined by the commissioner not to adversely 
affect the property rehabilitation objectives for the 
Market Center area. If the City and a property owner 
have entered into an agreement in respect to the 

rehabilitation of that OWNER'S BUILDING(S), THEN 
COMPLIANCE WITH THE STANDARDS HEREINABOVE SET FORTH 
SHALL BE WAIVED BY THE COMMISSIONER, PROVIDED THAT THE 



178 



1 998- 1 999 Session Ord. 99-423 



Commissioner determines that such waiver does not 
adversely affect the property rehabilitation 
Objectives for the Market Center. Nothing herein 

SHALL BE construed TO PERMIT ANY SIGN, CONSTRUCTION, 
ALTERATION, CHANGE, REPAIR, USE, OR ANY OTHER MATTER 
OTHERWISE FORBIDDEN OR RESTRICTED OR CONTROLLED BY ANY 
OTHER PUBLIC LAW. 

Section 2. And be it further ordained. That the Urban Renewal 
Plan for Market Center, as amended by this Ordinance and identified as 
"Urban Renewal Plan, Market Center, revised to include Amendment 12, 
dated November 20, 1998 , and revised January 29, 1999 ", is approved. The 
Clerk of the City Council shall file a copy of the amended Urban Renewal 
Plan with the Department of Legislative Reference as a permanent public 
record, available for public inspection and information. 

Section 3. And be it further ordained, That it is necessary to 
acquire, by purchase or by condemnation, for urban renewal purposes, the 
fee simple interest or any lesser interest in and to the following properties or 
portions thereof, together with all right, title, interest and estate that the 
owner or owners of said property interests may have in all streets, alleys, 
ways or lanes, public or private, both abutting the whole area described 
and/or contained within the perimeter of said area, situate in Baltimore City, 
Maryland, and described as follows: 

300 West Baltimore Street 
304 West Baltimore Street 
306 West Baltimore Street 
308 West Baltimore Street 
310 West Baltimore Street 
312 West Baltimore Street 
314 West Baltimore Street 
316 West Baltimore Street 
318-20 West Baltimore Street 
322 West Baltimore Street 
324-26 West Baltimore Street 
328-30 West Baltimore Street 
^01 05 West Baltimore Street 
4 07 West Baltimore Str e et 
4 09 West Baltimor e Str e et 

4 11 W e st Baltimor e Street 

412 West Baltimore Street 

4 13 West Baltimore Street 



179 



Ord. 99-423 1998-1999 SESSION 



414 West Baltimore Street 
^15 W e st Baltimor e Stre e t 

416 West Baltimore Street 

4 1 7 W e st Baltimor e Street 

4 1 8 W e st Baltimor e Str e et 

4 19 W e st Baltimor e Str ee t 

420 W e st Baltimor e Str ee t 

421 W e st Baltimore Str ee t 

4 22 West Baltimor e Stre e t 

4 23 W e st Baltimor e Str e et 

4 25 W e st Baltimor e Stre e t 

426 W es t Baltimore Street 

105-07 Clay Street 
109 Clay Street 

203 Clay Street 

2^8 North Eutaw Street 
1 1 North Eutaw Street 

1 3 North Eutaw Street 

15 North Eutaw Street 

17 North Eutaw Street 

142 West Fayette Street 
144 West Fayette Street 
200 West Fayette Street 
202 West Fayette Street 

204 West Fayette Street 
206-218 West Fayette Street 
220 West Fayette Street 
222 West Fayette Street 
224 West Fayette Street 
226 West Fayette Street 
307-09 West Fayette Street 
308 22 West Fay e tte Street 
40 1 West Fayette Street 

8 North Howard Street 
10-12 North Howard Street 

14 North Howard Street 

1 6 North Howard Street 

1 8 North Howard Street 
20 North Howard Street 



180 



1 998- 1 999 Session Ord. 99-423 



101-03 North Howard Street 

105 North Howard Street 

107 North Howard Street 
109-1 1 North Howard Street 
113-15 North Howard Street 
1 17 North Howard Street 
119-19-1/2 North Howard Street 
121 North Howard Street 

123 North Howard Street 
125 North Howard Street 
127 North Howard Street 

100-04 West Lexington Street 
101 West Lexington Street 
103 West Lexington Street 
105-07 West Lexington Street 

106 West Lexington Street 

108 West Lexington Street 
109-1 1 West Lexington Street 
1 10 West Lexington Street 
112 West Lexington Street 

1 14 West Lexington Street 
1 16-20 West Lexington Street 
1 17-23 West Lexington Street 
200-02 West Lexington Street 
201-05 West Lexington Street 
204-06 West Lexington Street 

207 West Lexington Street 

208 West Lexington Street 

209 West Lexington Street 

210 West Lexington Street 

21 1 West Lexington Street 

212 West Lexington Street 

213 West Lexington Street 
214-16 West Lexington Street 
215 West Lexington Street 
217 West Lexington Street 
218-20 West Lexington Street 
219 West Lexington Street 

222 West Lexington Street 

223 West Lexington Street 

224 West Lexington Street 



181 



Ord. 99-423 1 998- 1 999 Session 



226-32 West Lexington Street 
227-29 West Lexington Street 

102 North Liberty Street 
104 North Liberty Street 
106 North Liberty Street 
1 1 6 North Liberty Street 

1 1 8 North Liberty Street 
1 20 North Liberty Street 
122 North Liberty Street 
124 North Liberty Street 
206 North Liberty Street 
208 North Liberty Street 
210-16 North Liberty Street 

22 1 Marion Street 

104 Park Avenue 
1 06- 1 2 Park Avenue 
11117 Park Avenue 

1 1 9 Park Avenue 
204-06 Park Avenue 
207-09 Park Avenue 
208 Park Avenue 
210 Park Avenue 

212 Park Avenue 

213 Park Avenue 

214 Park Avenue 

215 Park Avenue 

216 Park Avenue 
21 8 Park Avenue 

200-02 West Saratoga Street 
225 27 West Saratoga Street 

100 and 200 blocks Clay Street right-of-way 

100 and 200 blocks Marion Street right-of-way 

300 and 400 blocks West Fairmount Avenue right-of-way 

All interior rights-of-way in block bounded by Park Avenue, West 
Lexington, North Liberty, and West Fayette Streets 



182 



1 998- 1 999 Session Ord. 99-423 



All interior rights-of-way in block bounded by Park Avenue, Marion, 
North Howard, and West Fayette Streets 

Unit block Elk Alley right-of-way 

10'4" alley right-of-way north of 300-308 West Baltimore Street 

All interior rights-of-way in block bounded by Park Avenue, West 
Lexington, North Liberty, and Clay Streets 

20' alley right-of-way west of 12 North Eutaw Street 

16' alley right-of-way east of 412 West Baltimore Street 

16' alley right-of-way north of 412-26 West Baltimore Street 

Section 4. And be it further ordained; That the Baltimore 
Development Corporation, acting pursuant to its contract with the Mavor 
and City Council by and through the Department of Housing and 
Community Development, and working cooperatively with the Relocation 
staff of the Department of Housing and Community Development, commits 
toi 

(1) compiling and maintaining a comprehensive record of all existing 
business owners who express an interest in returning to the 
redeveloped areas. The record will include, but not be limited to, 
name, address, phone and fax numbers, type of business interest, 
size (square footage) of business interest, desired cost range, etc.; 

(2) arranging and attending meetings between the developers and those 
interested businesses as soon as developers are selected by the City 
for one or more of the redeveloped areas; and 

(3) working with the interested businesses and the developers to 
propose, if financial necessity is indicated, financial assistance 
packages under existing programs including, but not limited to. 
City, State, and Federal below-market-rate loans and/or grants 
through Baltimore Development Corporation or other entities. 

Section 5. And be it further ordained; That the Baltimore 
Development Corporation (BDC), as described above in Section 5, commits 
to the following regarding the processes to work with developers and 



183 



Ord. 99-423 1998-1999 SESSION 



interested groups/individuals to encourage the preservation/adaptive reuse 
of existing buildings: 

(1) In all BDC-issued Request for Proposals (RFPs) and in public 
advertisements that invite further developer responses to a BDC- 
received unsolicited proposal, BDC commits to include the 
following statement: 

Developers are encouraged to submit proposals 
which include the preservation and rehabilitation, 
where feasible, of other structures within the area. 

(2) Following the receipt of responses to RFPs and of responses to 
advertisements regarding unsolicited proposals. BDC will require 
the respondents to present architectural designs and economic data 
with the objective of preserving/adaptively reusing as many 
existing buildings as is feasible (both from design and economic 
points of view) within the relevant areas. 

(3) The selected development team will be asked to study the design 
and economic implications of at least one alternative in which 
additional buildings may be preserved/adaptively reused. 
Representatives of all groups expressing an interest in this matter 
will be invited by BDC to participate in meetings with the selected 
development team. Such representatives will be asked by BDC to 
express their views verbally and in writing regarding the 
development team's proposal and if they desire, to present 
design/economic alternatives for consideration by the development 
team and BDC. BDC will respond in writing within 21 calendar 
days of the submission to any such alternatives. 

Section 6. And be it further ordained: That within 90 calendar 
days of the approval of this Ordinance. BDC. as described in Section 5, 
above, will draft proposed revisions to the responsibilities and composition 
of the Market Center Project Area Committee (PAC) (the composition will 
include, but not be limited to, members of the Market Center Merchants 
Association, the West Side Task Force, the Citizens Planning and Housing 
Association, the Commission for Historical and Architectural Preservation, 
the Governor's Task Force on African American Entrepreneurship in 
Baltimore City, the Maryland Historical Trust. Preservation Maryland, 
Baltimore Heritage, the Baltimore Chapter of the American Institute of 
Architects, and the Baltimore Architecture Foundation). The PAC will be 
staffed by BDC. 



184 



1 998- 1 999 Session Ord. 99-423 



BDC will present a draft of the proposed responsibilities and 
composition of the PAC for written comments by all parties. Written 
responses are to be submitted to BDC within 30 calendar days of receipt of 
the draft. The final decision regarding the responsibilities and composition 
of the PAC is at the discretion of BDC. and BDC will make that decision 
within 30 calendar days after the receipt of the aforementioned comments 
date. One of the responsibilities of the PAC will be working together with 
BDC to develop a multi-year schedule of events to highlight the history of 
and to promote the area as a vital urban destination and a place for living, 
working, shopping, and entertainment. 

Section 4 7. And be it further ordained, That the land use 
changes indicated for certain areas and rights-of-way and shown in the 
amended Urban Renewal Plan on Exhibit 1, Land Use Plan, dated 
November 20, 1998 January 29. 1999 , are approved. 

Section S 8. And be it further ordained, That the revisions 
shown in the amended Urban Renewal Plan on Exhibit 2, Property 
Acquisition-Land Disposition-Development Areas, dated as r e vised 
November 20, 1998 March 16. 1999 , are approved. 

Section 4 9. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section ^10. And be it further ordained. That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section S 11. And be it further ordained. That if a provision of 
this Ordinance concerns the same subject as a provision of any zoning, 
building, electrical, plumbing, health, fire, or safety law or regulation, the 
applicable provisions shall be construed to give effect to each. However, if 
the provisions are found to be in irreconcilable conflict, the one that 
establishes the higher standard for the protection of the public health and 
safety prevails. If a provision of this Ordinance is found to be in conflict 
with an existing provision of any other law or regulation that establishes a 
lower standard for the protection of the public health and safety, the 



185 



Ord. 99-424 1 998- 1 999 Session 



provision of this Ordinance prevails and the other conflicting provision is 
repealed to the extent of the conflict. 

Section ^12. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved May 10, 1998 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-424 
Council Bill 99-909 

An Ordinance Concerning 

Franchise — Pedestrian Bridge over Colgate Creek 

For the purpose of granting a franchise to Guilford Pharmaceutical, Inc., to 
construct, use, and maintain a pedestrian bridge over Colgate Creek, 
walkways to and from the bridge, decorative lighting, security and 
phone systems, and a conduit for electrical and fiber-optic use, subject 
to certain terms, conditions, and reservations; and providing for a 
special effective date. 

By authority of 

Article VIII - Franchises 
Baltimore City Charter 
(1996 Edition) 

Recitals 

Guilford Pharmaceuticals. Inc., will operate research, development, and 
manufacturing facilities at 661 1 Tributary Street and 641 1 Beckley Street. 

The company proposes to construct a new pedestrian bridge over a 
tributary of Colgate Creek, which flows through public park land separating 
the 2 properties. 



186 



998- 1 999 Session Ord. 99-424 



The entire bridge and walkways leading to the bridge from both 
Guilford propenies will be located on public property. 

The purpose of the bridge is to provide a safe and convenient means to 
travel between the 2 facilities for employees and visitors to the company. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That a franchise or right is granted to Guilford 
Pharmaceutical, Inc., its tenants, successors, and assigns (collectively, the 
"Grantee") to construct, use, and maintain, at Grantee's own cost and 
expense, and subject to the terms and conditions of this Ordinance, a 
pedestrian bridge over Colgate Creek. 

Section 2. And be it further ordadsEd. That this franchise is 
subject to the following terms and conditions: 

1 . The center line of the bridge is to be located approximately 410 

feet south of the centerline of Tributary Creek where it crosses 
Colgate Creek, east of the intersection with Portal and Beckley 
Streets. 

2. The bridge will be an approximately 5 3 -foot long prefabricated 

steel structure with trussed sides and with a 6-foot wide wood 
walkway on supports extending between the trusses. 

3. The bridge will be supported by concrete abutments on concrete 

piles at each end, with the lowest point of the bridge at 
elevation 1 1 feet (approximately 1 foot above the 100 year 
flood level). 

4. At each end of the bridge will be a structural steel portal, which 

will be anchored to the abutments and include decorative 
lighting. 

5. The bridge will include steel handrails, steel mesh guards, and 

bumper rails. 

6. Concrete walkways approximately 7 feet wide and 68 feet long 

will lead to each end of the bridge. 



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Ord. 99-424 1 998- 1 999 Session 



7. A conduit for electrical, communication, and fiber-optic use, less 

than 24 inches in diameter and approximately 125 feet in 
leneth. will be laid along the south side of both walkways and 
suspended under the decking of the bridge. 

8. Lighting will be incorporated into the bridge abutments and 

along the walkways. 

9. Emergency phones and alarms, connected to Guilford 

Pharmaceutical's security and phone systems, will be installed 
along both walkways. 

10. Steel railings will be proyided at the approach to the bridge at 
each end. 

1 1 . The Planning Department shall haye final design approval of 
the bridge and landscape design before a building permit may 
be issued. 

Section 2 3. And be it further ordained, That to become 
effective, the franchise or right granted by this Ordinance (the "Franchise") 
must be executed and enjoyed by the Grantee within 6 months after the 
effective date of this Ordinance. 

Section 3 4. And be it further ordained, That as compensation 
for the Franchise, the Grantee shall pay to the Mayor and City Council of 
Baltimore a franchise charge of $ 4,550 a year, subject to increase or 
decrease as provided in Section 5 of this Ordinance. The franchise charge 
must be paid annually, at least 30 days before the initial and each renewal 
term of the Franchise. 

Section 4 5. And be it further ordained, That: 

(a) The initial term of the Franchise is 1 year, commencing on the 
effective date of this Ordinance. Unless sooner terminated as provided in 
this Ordinance, the Franchise will automatically renew, without any action 
by either the Mayor and City Council of Baltimore or the Grantee, for 24 
consecutive 1-year renewal terms. Except as otherwise provided in this 
Ordinance, each renewal term will be on the same terms and conditions as 
the initial term. The maximum duration for which the Franchise may 
operate, including the initial and all renewal terms, is 25 years. 



88 



1 998- 1 999 Session Ord. 99-424 



(b) Either the Mayor and City Council of Baltimore, acting by and 
through the Director of Public Works, or the Grantee may cancel the 
Franchise as at the end of the initial or any renewal term by giving written 
notice of cancellation to the other at least 90 days before the end of that 
term. 

Section 5 6. And be it further ordained. That the Mayor and City 
Council of Baltimore, acting by and through the Board of Estimates, may 
increase or decrease the annual franchise charge by giving written notice of 
the increase or decrease to the Grantee at least 1 50 days before the end of 
the original or renewal term immediately preceding the renewal term to 
which the increase or decrease will first apply. The new franchise charge 
will apply to all subsequent annual renewal terms, unless again increased or 
decreased in accordance with this section. 

Section 6 7. And be it further ordained. That the Mayor and City 
Council of Baltimore expressly reserves the right at all times to exercise, in 
the interest of the public, full municipal superintendence, regulation, and 
control over and in respect to all matters connected with the Franchise and 
not inconsistent with the terms of this Ordinance. 

Section 7 8. And be it further ordained, That the Grantee, at its 
own cost and expense, shall maintain in good condition and in compliance 
with all applicable laws and regulations of Baltimore City, all structures for 
which the Franchise is granted. The maintenance of these structures shall 
be at all times subject to the regulation and control of the Commissioner of 
Housing and Community Development and the Director of Public Works. If 
any structure for which the Franchise is granted must be readjusted, 
relocated, protected, or supported to accommodate a public improvement, 
the Grantee shall pay all costs and expenses in connection with the 
readjustment, relocation, protection, or support. 

Section 8 9. And be it further ordained. That at the option of the 
Mayor and City Council of Baltimore, acting by and through the Director of 
Public Works, the Grantee's failure to comply with any term or condition of 
this Ordinance constitutes a forfeiture of the Franchise. Immediately on 
written notice to the Grantee of the exercise of this option, the Franchise 
terminates. Once so terminated, only an ordinance of the Mayor and City 
Council of Baltimore may waive the forfeiture or otherwise reinstate the 
Franchise. 

Section ^ 10. And be it further ordained, That at any time and 
without prior notice, the Mayor of Baltimore City may revoke the Franchise 



189 



Ord. 99-425 1 998- 1 999 Session 



if, in the Mayor's judgment, the public interest, welfare, safety, or 
convenience so requires. Immediately on written notice to the Grantee of 
the exercise of this right, the Franchise terminates. 

Section 4^ 11. And be it further ordained, That on cancellation, 
expiration, forfeiture, revocation, or other termination of the Franchise for 
any reason, the Grantee shall remove all structures for which the Franchise 
is granted. The removal of these structures shall be (i) undertaken at the 
cost and expense of the Grantee, without any compensation from the Mayor 
and City Council of Baltimore, (ii) made in a manner satisfactory to the 
Commissioner of Housing and Community Development and the Director 
of Public Works, and (iii) completed within the time specified in writing by 
the Director of Public Works. 

Section 44 12. And be it further ordained. That the Grantee is 
liable for and shall indemnify and save harmless the Mayor and City 
Council of Baltimore against all suits, losses, costs, claims, damages, or 
expenses to which the Mayor and City Council of Baltimore is at any time 
subjected on account of, or in any way resulting from, (i) the presence, 
construction, use, operation, maintenance, alteration, repair, location, 
relocation, or removal of any of the structures for which the Franchise is 
granted, or (ii) any failure of the Grantee, its officers, employees, or agents, 
to perform promptly and properly any duty or obligation imposed on the 
Grantee by this Ordinance. 

Section 42 13. And be it further ordained. That this Ordinance 
takes effect on the date it is enacted. 



Approved May 10, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-425 
Council Bill 98-776 



An Ordinance Concerning 

Zoning Code — Conversion of Single- and Two-Family Dwellings 

For the purpose of prohibiting, in certain districts, the conversion of a 
single- or two-family dwelling for occupancy by a larger number of 



190 



1 998- 1 999 Session Ord. 99-425 



families; clarifying, conforming, and correcting certain language; and 
generally relating to the conversion of single- and two-family dwellings. 

By repealing and reordaining, with amendments 

Article 30 - Zoning 

Section(s)2.0-12a, 12b 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

The City's stated purpose in establishing its residential zoning districts 
is to "meet the housing needs of the City's present and future population 
and to promote the stability and desirability of residential areas". 

The conversion of single- and two-family dwellings contributes to the 
destabilization of a neighborhood, however, by bringing in more people, 
increasing congestion, and raising the demand for parking. 

Because the City's population has been declining, no demand for 
additional dwellings exists, and the creation of additional dwellings in one 
neighborhood will create vacancies in other neighborhoods. 

Prohibiting the conversion of dwellings in the lower density residential 
districts will contribute to the stability of those districts and to the stability 
of all of the City's neighborhoods. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 30 — Zoning 

Chapter 2 — General Provisions 

2.0-12. Conversion of Dwellings. 

a. Prohibited conversions. 

1 . [In] Except as otherwise specified in this section, in all 
districts: 



191 



Ord. 99-426 1 998- 1 999 Session 



(a) no building [now or hereafter] used as a [one] SINGLE- 

family dwelling [shall hereafter] MAY be altered or changed 
to be used for occupancy by more than [one] 1 family [,]; 
and 

(B) no building [now or hereafter] used as a two-family 

dwelling [shall hereafter] MAY be altered or changed to be 
used for occupancy by more than [two] 2 families. 

2. For [the purpose] PURPOSES of this paragraph, an empty 
building [shall be] IS considered [as] TO BE a [one] SINGLE- 
family dwelling unless it was last lawfully used, [as a dwelling 
for two or more families] in compliance with the normal bulk 
requirements of the district in which it is located, AS A 
DWELLING FOR 2 OR MORE FAMILIES. 

b. Conditional USE EXCEPTION. 

[However,] IN ALL DISTRICTS EXCEPT THE R-2, R-4, R-5, AND R-6 

Districts, the Board may authorize, as a conditional use, [in all 
districts] the conversion of a building for use by more than [one] 1 
family, [provided that] AS LONG AS the number of families 
permitted [is in conformity] CONFORMS with the applicable bulk 
regulations for the district in which the building is located. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved May 24, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-426 
Council Bill 97-356 

An Ordinance Concerning 

Ethics — Lobbying Registration 

192 



1 998- 1 999 Session Ord. 99-426 



For the purpose of requiring lobbyists to register annually and to pay an 
annual r e gistration f ee; correcting certain language; and generally 
relating to the registration of lobbyists. 

By repealing and reordaining, with amendments 
Article 8 - Ethics 

Section(s) 6-2(a)(2), 6-2(b)(2) , 6 3(a)(6) 
Baltimore City Code 
(1983 Replacement Volume and 1995 Supplement) 

By repealing 

Article 8 - Ethics 

Section(s) 6-2(c) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By adding 

Articl e 8 — Ethics 

Scction(G) 6 3(a)(7) 

Baltimor e City Code 

(1983 Replacement Volume and 1995 Supplem e nt) 

Section 1. Be it ordained by the mayor and city council of 
BALTIMORE, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 8 - Ethics 

Title 6 - Lobbying 

6-2. Lobbying. 

(a)(2) A lobbying registration filed [pursuant to] UNDER this subsection, 
unless terminated by the registrant, [shall remain] REMAINS in effect until 
[the Thursday next after the first Monday in December in the year of the 
next mayoral election] THE JUNE 30 FOLLOWING THE filing of THE 

REGISTRATION. 

(b)(2) A lobbying registration filed [pursuant to] UNDER this subsection, 
unless terminated by the registrant, [shall remain] REMAINS in effect until 



193 



Ord. 99-427 1 998- 1 999 SESSION 



[the Tuesday next after the first Monday in December in the year of the next 
mayoral election] THE June 30 FOLLOWING THE HLING OF THE 
REGISTRATION. 

[(c) The registrant need not file the lobbying registration required under 
subsection (a) or (b) if he has previously filed a registration with the 
Director which is still in effect.] 

6 3. R e gistration of lobbyists. 

(a) Th e r e gistration filed pursuant to this title shall b e dated and on a 
form d e veloped by th e Board with the assistance of the Director and shall 
include th e following: 

(6) identification of th e p e riod of tim e during which the registrant is 
authorized to engage in lobbying, unless sooner terminated[.]; AND 

(7) A REGISTR.\TION FEE OF $20. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

SECTION 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved May 26, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-427 
Council Bill 98-614 

An Ordinance Concerning 

Zoning — Sign Regulations 



For the purpose of p e rmitting allowing, as a conditional use requiring 

approval bv Ordinance, certain free-standing signs for identification of 
certain restaurants in the B-1 District , subject to certain limitations . 



194 



1 998- 1 999 Session Ord. 99-427 



By repealing and reordaining, with amendments 

Article 30 - Zoning 

Section(s) 10.0-3b-5 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By repealing and reordaining, with amendments 
Article - Zoning 
Section(s) 11-416 
Baltimore City Revised Code 

(As enacted by Ordinance xx-xxx [Bill 98-8301 (Revised Code - 
Zoning)) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 30 — Zoning 

Chapter 10 — Sign Regulations 

10.0-3. Signs in Business and Industrial Districts. 

Signs in Business and Industrial Districts shall comply with and be 
subject to the following provisions: 

b. The following types of signs, subject to the limitations prescribed for 
them, shall be permitted for uses authorized as principal or 
conditional uses in Business and Industrial Districts: 

5. Non-illuminated or indirectly or directly illuminated business, 
identification, and nameplate signs, as follows: 

District A rea factor (a) 



B-1 



Projection (b) 


Height 


Height 




extension 


forfree 




above roof 


standing 
(e) 




line when 






attached 






to building 




1ft. 


none 


24 ft. 
(f)(h) 



195 



Ord. 99-427 1 998- 1 999 Session 



B-2 


3 


4 ft. (c)(d) 


none 


36 
ft. 

(g) 


B-3 


3 


4 ft. (c)(d) 


10 ft. 


36 
ft.(/) 


B-4 


4 


1 ft. (cXd) 


none 


36 
ft. 


B-5 


5 


4ft.fcM 


20 ft. 


36 

ft. 

(g) 


M-1 


2 


1ft. 


none 


24 
ft.(/) 


M-2 


3 


4 ft. (c)(d) 


20 ft. 


36 
ft. 
(g) 


M-3 


5 


4 ft. (c)(d) 


20 ft. 


40 
ft. 



(a j The total permitted area of all such signs is the product in 
square feet of multiplying the lineal feet of the length of the 
building facing the front lot line by the area factor. Where 
such building wall fronts on two or more streets, the sign area 
for each such street shall be computed separately. Further, 
where a building covers less than 200 square feet of lot area, or 
a use is operated on the lot without a building, then the total 
area of all such signs shall not exceed an area factor of one for 
each foot of street frontage, computed separately for each street 
upon which the lot adjoins. In no case shall signs permitted 
under this subsection exceed a combined area of 500 square 
feel on any lot in B-1 Districts. 

(b) Maximum projection across a street line. 

(c) Except a canopy or awning, provided it contains no sign other 
than an identification sign placed flat against a face of such 
canopy or awning, and shall not extend beyond any edge of 
such face. Also, except a marquee accessory to a hotel, motel, 
theater, or convention hall which advertises events scheduled 
or taking place therein. 

(d) Except signs designating public parking facilities shall not 
project more than five feet across a street line. 



196 



1998-1999 Session 



Ord. 99-427 



(e) Not to exceed one such sign for each street frontage of the lot. 

(f) In no case shall any such free standing sign exceed an area of 80 

square feet. 

(g) In no case shall any such free standing sign exceed an area of 

140 square feet. 

(h) Such free standing sign permitted only ijjl as a shopping center 
identification sign; OR AS ;\N IDENTIFICATION SIGN FOR A QUICK 
SERVICE RETAIL RESTAUR.\>JT (U) SUBJECT TO APPROVAL BY 
ORDINANCE AS A CONDITIONAL USE, FOR A NON-CONFORMING 
DRIVE-IN RESTAURANT, WITHOUT A DRIVE-THROUGH WINDOW, 
BUT NOT EXCEEDING 1 FREE-STANDING SIGN WITH A MAXIMUM 
AREA OF 60 SQUARE FEET AND A MAXIMUM HEIGHT OF 1 6 FEET . 

Section 2. And be it further ordadjed. That if Bill 98-830 
(Revised Code - Zoning) is enacted, the Laws of Baltimore City read as 
follows: 

Baltimore City Revised Code 

Article — Zoning 

§ 11-416. Nameplates, business signs, and identification 
signs. 

Non-illuminated or indirectly or directly illuminated 
nameplates, business signs, and identification signs are 
allowed as follows: 



District 


.^^> 


Projection 


Height 

extension above 

roof line when 

attached to 

building 


Height for p-ee- 
standing^"^' 


B-1 


1 


1ft. 


none 


24f,WW 


B-2 


3 


^,^icHd) 


none 


36f,'«' 


B-3 


3 


,,^(c)(d) 


10 ft. 


36f,.W 


B-4 


4 


,,^icUd^ 


none 


36ft/«^ 



197 



Ord. 99-427 



1998-1999 Session 



B-5 


5 


,,^(cHd) 


20 ft. 


36 ft.^^^ 


M-1 


T 


1ft. 


none 


24 ft.^-^^ 


M-2 


3 


4ft.^^^^^^ 


20 ft. 


36 ft.^^^ 


M-3 


5 


4ft/^^^^^ 


20 ft. 


40 ft. 



^ ^Tie total permitted area of all signs is the product in square 
feet of multiplying the lineal feet of the length of the building facing 
the front lot line by the area factor. Where the building wall fronts 
on 2 or more streets, the sign area for each street is computed 
separately. Also, where a building coyers less than 200 square feet 
of lot area, or a use is operated on the lot without a building, then 
the total area of all signs may not exceed an area factor of 1 for each 
foot of street frontage, computed separately for each street on which 
the lot adjoins. In no case may signs permitted under this section 
exceed a combined area of 500 square feet on any lot in B-1 
Districts. 



Maximum projection across a street line. 

Except a canopy or awning that contains no sign other than 
an identification sign that is (i) placed flat against a face of the 
canopy or awning and (ii) does not extend beyond any edge of the 
face. Also, except a marquee accessory to a hotel, motel, theater, or 
convention hall that adyertises events scheduled or taking place in 
the building. 

££a. 



Except that signs designating public parking facilities may 
project up to 5 feet across a street line. 



l£l 



Not to exceed 1 sign for each street frontage of the lot. 



m 



In no case may the sign exceed an area of 80 square feet. 



Ul 



ihl 



In no case may the sign exceed an area of 140 square feet. 

Sign permitted only: (i) as a shopp in g center identification 
sign; OR (II) SUBJECT TO APPROVAL BY ORDINANCE AS A 
CONDITIONAL USE, FOR A NON-CONFORMING DRIVE-IN RESTAURANT, 
WITHOUT A DRIVE-THROUGH WINDOW, BUT NOT TO EXCEED 1 FREE- 
STANDING SIGN WITH A MAXIMUM AREA OF 60 SOU ARE FEET ANT) A 
MAXIMUM HEIGHT OF 1 6 FEET. 



Section 2 3. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section i 4. And be it further ordained. That this Ordinance 
takes effect on the 30th day after the date it is enacted. 



198 



Approved May 26, 1999 



1 998- 1 999 Session Ord. 99-428 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-428 
Council Bill 98-700 

An Ordinance Concerning 

Ethics - Liquor Board 



For the purpose of providing that the members, Executive Secretary, and 
employees of the Board of Liquor License Commissioners are subject to 
the Baltimore City Ethics Law; clarifying and correcting certain 
language; and generally relating to the Ethics Law of Baltimore City. 

By repealing and reordaining, with amendments 

Article 8 - Ethics 

Section(s) 2-1(3), (17), (18), 5-1(1) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By adding 

Article 8 - Ethics 

Section(s) 5-2(22a) 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Recitals 

The State Public Ethics Law (Title 15 of the State Government 
Article) requires local jurisdictions to enact provisions governing the public 
ethics of local officials. The State Ethics Commission has held that, 
pursuant to § 15-102(x)(2) of the State Ethics Law, local jurisdictions must 
include local boards of license commissioners within the scope of their 
ethics laws. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 



199 



Ord. 99-428 1998-1999 Session 

Baltimore City Code 

Article 8 — Ethics 

Title 2 — DeHnitions 

2-1 Definitions. 

[As used in] In this article, the following terms have the meanings 
indicated, unless the context clearly requires a different meaning or a 
different definition is adopted for a particular title or provision. 

(3) Board member. 

(I) "Board member" means a member of a board, commission, 
council, or any other administrative body of the City 

(II) "Board member" includes a member of the Board of 
Liquor License Commissioners for Baltimore City. 

(17) Municipal employee. 

(I) "Municipal employee" means any employee of the City who is 
not an elected official or municipal officer. 

(II) "Municipal employee" includes an employee of the Board 
OF Liquor License Commissioners for Baltimore City. 

( 1 8) Municipal officer. 

(I) "Municipal officer" means: 

(A) the [heads] HEAD of [all departments and bureaus] ANY 
department or bureau; and 

(B) [persons] ANY OTHER PERSON who [exercise] EXERCISES 
authority comparable to that of [heads] THE HEAD of [departments and 
bureaus] A department or bureau. 

(II) "Municipal ofhcer" includes the Executive Secretary of 
THE Board of Liquor License Commissioners for Baltimore City. 



200 



1 998- 1 999 Session Ord. 99-428 

Title 5 — Financial Disclosure 

5-1. Definitions. 

[As used in] IN this title, the following terms have the meanings 
indicated unless the context clearly requires a different meaning. 

(1) Salaried employee. 

(I) "Salaried employee" means any person who, EXCEPT AS 
SPECIFIED IN ITEM (ii), IS employed by the City OR BY THE Board of Liquor 
License Commissioners for Baltimore City and [receiving] receives 
compensation [therefor,] FOR THAT EMPLOYMENT. 

(II) "Salaried employee" [but] does not include [those persons] 
ANY PERSON employed in A secretarial, clerical, or custodial [capacities] 
CAPACITY. 

5-2. Statement makers. 

(a) Persons required to file. 

The following persons are required to file financial disclosure 
statements provided for in this title, unless required by state law to file with 
the State: 

(22a) Members, Executive Secretary, and salaried 
employees of the board of liquor license commissioners for 
Baltimore City. 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved May 26, 1999 

Kurt L. Schmoke, Mayor 



201 



Ord. 99-429 1 998- 1 999 Session 



City of Baltimore 
Ordinance 99-429 
Council Bill 98-871 

An Ordinance Concerning 

Zoning — Conditional Use Pawn Shop — 
1127 and 1129 West Baltimore Street 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a pawn shop on the 
properties known as 1 127 and 1 129 West Baltimore Street, as outlined 
in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.2- Id- 17 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a pawn shop on the properties known as 
1 1 27 and 1 1 29 West Baltimore Street, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 6.2- Id- 17 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

(1) the properties known as 1 127 and 1 129 West Baltimore Street 

will be consolidated: 

(2) the pawn shop will be limited to the first floor area of the 

buildings and will not exceed 1,170 square feet: 

(3) the upper stories may be used for storage or offices; 

(4) the sale of guns and other firearms is prohibited: and 

(5) the pawn shop compli e s must comply with all applicable 

federal, state, and local licensing and certification 
requirements. 



202 



1 998- 1 999 Session Ord. 99-430 



Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved May 26, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-430 
Council Bill 98-880 

An Ordinance Concerning 

Code Enforcement Injunctions 

For the purpose of providing that, under certain conditions, a special 
enforcement officer may issue petitions for code enforcement 
injunctions; providing for summonses, contents of petitions, service, 
default judgments, fines, abatement orders, and evidentiary standards; 
and generally relating to code enforcement injunctions. 

By adding 

Article 1 9 - Police Ordinances 

Section(s) 146 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 



203 



Ord. 99-430 1 998- 1 999 SESSION 

Baltimore City Code 
Article 19 
Subtitle — Special Enforcement Officers 
§ 146. Code enforcement injunction. 

(A) Petition. 

A SPECIAL enforcement OFRCER OF THE DEPARTMENT OF 

Housing and Community Development may issue and serve a 
petition for a code enforcement injunction, to be 
adjudicated in the district court, for any violation that is 
subject to equitable remedies of a code, ordinance, 
regulation, or public local law pertaining to building, 
housing, zoning, fire, public health, and sanitation. 

(B) Summons. 

( 1 ) If approved by the District Court, the form for a 
code enforcement injunction petition may contain 
the summons, directing the defendant to appear for 
hearing on a specified date. 

(2) Except in an emergency, a specmed hearing date may 
not be less than 7 days after service of the summons 
on the defendant. 

(3) An enforcement officer must coordinate the 
selection of hearing dates with the appropriate 
District Court officials. 

(c) Contents OF PETITION. 

( 1 ) A CODE ENFORCEMENT INJUNCTION PETITION MUST CONTAIN: 

(I) THE NAME AND ADDRESS OF THE PERSON CHARGED; 

(II) THE NATURE OF THE VIOLATION AND THE SECTION OF 
LAW VIOLATED; 



204 



1 998- 1 999 Session Ord. 99-430 



(III) THE LOCATION, DATE, AND TIME THE VIOLATION WAS 
OBSERVED; 

(IV) THE NATURE OF EQUITABLE RELIEF REQUESTED; 

(V) THE EFFECT OF FAILING TO APPEAR FOR HEARING; AND 

(VI) THE ENFORCEMENT OFHCER'S CERTIRCATION 
ATTESTING TO THE TRUTH OF THE MATTER SET FORTHt; 
AND 

(vii) any additional facts necessary to entitle the 
plaintiff to the relief reouested. 

(2) If the violation is subject to a civil rne, the 

INJUNCTION petition MAY INCLUDE A REQUEST THAT THE 

hne be imposed. 

(3) If the violation is a condition on real property 
owned by the defendant, the injunction petition may 

include a request for judgment IN THE AMOUNT OF ANY 
OUTSTANDING MUNICIPAL LIENS ON THE PROPERTY, IF THE 
PROPERTY IS: 

(I) A VACANT LOT; OR 

(II) A VACANT BUILDING THAT IS UNRT FOR HABITATION. 

(D) Service ON DEFENDANT — in general. 

A District Court code enforcement injunction petition may 

BE SERVED ON THE DEFENDANT: 

( 1 ) IN ACCORDANCE WITH MARYLAND RULE 3- 1 2 1 ; OR 

(2) FOR VIOLATIONS RELATED TO REAL PROPERTY OWNED 
BY THE DEFENDANT, IF PROOF IS MADE BY AFRDAVIT 
THAT A GOOD FAITH EFFORT TO SERVE THE 

DEFENDANT BY PERSONAL DELIVERY OR BY CERTIFIED 
MAIL, RETURN RECEIPT REQUESTED, HAS NOT SUCCEEDED, 
THEN: 



205 



Ord. 99-430 1 998- 1 999 Session 



(I) BY REGULAR MAIL TO THE DEFENDANT' S LAST 
KNOWN ADDRESS AND EITHER DELIVERY TO AN 
ADULT OR POSTING OF THE INJUNCTION 
PETITION AT THE DEFENDANT'S LAST KNOWN 
ADDRESS; OR 

(II) IF THE LAST KNOWN ADDRESS OF THE 
DEFENDANT IS A POST OFFICE BOX OR IS OUT- 
OF-STATE, BY REGULAR MAIL TO THE 
DEFENDANT'S LAST KNOWN ADDRESS AND 
POSTING OF THE INJUNCTION PETITION AT THE 
PROPERTY ON WHICH CODE VIOLATIONS ARE 
CITED. 

(E) Service ON DEFENDANT — "last known address". 

For the PURPOSE of service of a District Court code 

ENFORCEMENT INJUNCTION PETITION: 

( 1 ) THE ADDRESS PROVIDED IN THE RENTAL PROPERTY 
REGISTRATION RECORDS OF BALTIMORE CiTY MAY BE 
USED AS THE LAST KNOWN ADDRESS OF A DEFENDANT 
WHO IS AN ABSENTEE OWNER OF RESIDENTIAL REAL 
PROPERTY ON WHICH CODE VIOLATIONS ARE CITED; OR 

(2) THE MAIL-TO ADDRESS PROVIDED IN THE REAL 
PROPERTY TAX RECORDS OF BALTIMORE CiTY MAY BE 
USED AS THE LAST KNOWN ADDRESS OF A DEFENDANT 
WHO: 

(i) is an absentee owner of residential real 
property on which code violations are 
cited; and 

(ii) has failed to register in the rental 
property registration records of 
Baltimore City. 

(F) Service on Defendant — registered properties. 

If AN owner has properly registered a CURRENT LOCAL 
AGENT AND LOCAL ADDRESS FOR SERVICE OF PROCESS UNDER 
THE REOUIREMENTS OF THE BALTIMORE CiTY CODE RELATING 



206 



1 998- 1 999 Session Ord. 99-430 



TO RENTAL PROPERTY REGISTRATION, AND IF SERVICE IS MADE 
BY MAIL AND POSTING AT A LAST KNOWN ADDRESS OTHER THAN 
THAT PROVIDED IN THE OWNER'S RENTAL PROPERTY 
REGISTRATION FORM, THEN NOTICE OF THE PROCEEDING SHALL 
BE SENT TO THE OWNER AT THE RENTAL PROPERTY 
REGISTRATION ADDRESS, BY CERTIHED MAIL, AT LEAST 72 
HOURS BEFORE THE TIME AND DATE OF THE HEARING ON THE 
PERMANENT INJUNCTION. 

^ (G) Default JUDGMENT on failure to appear. 

If the defendant fails to appear for a HEARING ON THE 
SPECIRED DATE, ON MOTION OF THE PLAINTIFF, THE COURT MAY 
ENTER A DEFAULT JUDGMENT AGAINST THE DEFENDANT FOR ONE OR 
MORE OF THE FOLLOWING, AS APPROPRIATE: 

( 1 ) THE EQUITABLE RELIEF REQUESTED; 

(2) THE AMOUNT OF UNPAID MUNICIPAL LIENS ON THE 

PROPERTY; AND 

(3) THE AMOUNT OF CIVIL HNE FOR THE VIOLATION, WHICH, 

FOLLOWING THE DEFENDANT* S FAILURE TO APPEAR, MAY 
BE DOUBLED TO NO MORE THAN $ 1 ,000. 

^G^iw^ Civil FINES: judgment; collection; suspension 
When the Court imposes a civil hne: 

( 1 ) the hne is a judgment in favor of the city; 

(2) if the hne is unpaid 30 days after the date of 
entry, the judgment is enforceable like other 
money judgments unless the court has 
suspended or deferred payment under item (3) of 
this subsection; and 

(3) THE Court may set conditions for suspending or 

DEFERRING PAYMENT OF THE HNE. 



207 



Ord. 99-430 1 998- 1 999 Session 



(«) (I) Abatement order; pa yment of expenses. 

( 1 ) The equitable relief ordered by the Court may 
include an order authorizing the city to perform 
acts, described with particularity, to abate a 
violation at the expense of the defendant. 

(2) The City may present a bill for its abatement 
expenses under this subsection by: 

(i) regular mail to the defendant's last known 
address; or 

(ii) any other means reasonably calculated to 
bring the bill to the defendant's attention. 

(3) If the defendant does not pay the City's bill within 
30 days of presentment, the city may hle a motion in 
accordance with the maryland rules for entry of 
judgment against the defendant for the abatement 
expenses. 

^ (J) Evidentiary STANDARDS. 

( 1 ) Except as provided otherwise in paragraph (2) of this 
subsection, the plaintiff must prove he is entitled to 
the relief requested by a preponderance of the 
evidence. 

(2) If the PLAINTIFF SEEKS TO HAVE A CIVIL FINE IMPOSED, HE 
MUST PROVE BY CLEAR AND CONVINCING EVIDENCE THAT 
THE DEFENDANT COMMITTED THE VIOLATION CITED. 

(^ (K) Contempt. 

( 1 ) Except as provided in paragraph (2) of this 

SUBSECTION, if A DEFENDANT FAILS TO PAY A HNE OR 

Court cost imposed by the Court or fails to comply 
with any other order of the Court, the Court may 
hold the defendant in contempt under maryland 
Rules 1 5-205 and 1 5-206 and may enforce the order 
UNDER Maryland Rule 3-648. 



208 



1 998- 1 999 Session Ord. 99-43 1 



(2) A MONEY JUDGMENT FOR MUNICIPAL LIENS OR ABATEMENT 
EXPENSES MAY NOT BE ENFORCED BY CONTEMPT. 

4*^ (Ll City representative. 

The State' s Attorney, the City Solicitor, or any attorney 
designated by the city may represent the city in a code 
enforcement injunction proceeding. 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved May 26, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-431 
Council Bill 99-919 

An Ordinance Concerning 

Zoning — Planned Unit Development — 

Ruppert Landscaping Company 

Amending Ordinance 98-374 

For the purpose of amending Ordinance 98-374, which approved the 

application for a Planned Unit Development on the property known as 
6020 Marian Drive, in the Seton Business Park, to approve the 
corrected plat for the Planned Unit Development; and providing for a 
special effective date. 

By repealing and reordaining, with amendments 
Ordinance 98-374 
Section(s) 2 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 



209 



i 



Ord. 99-432 1998-1999 Session 



Ordinance 98-374 

Section 2. And be it further ordained, 

That the Development Plan submitted by Ruppert 
Landscaping Company, including Proposed 
Development, dated September 25, 1998, [and] 
Concept Landscape Plan, dated October 2, 1998, 
AND THE PLAT, DATED JANUARY 1 999, IS 
APPROVED. 

Section 2. And be it further ordained. That as evidence of the 
authenticity of the plat, dated January 1 999, and in order to give notice to 
the agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved May 26, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-432 
Council Bill 99-977 



An Ordinance Concerning 

Midtown Community Benefits District and Management Authority 

For the purpose of revising the boundaries of the district; changing the 
name of the district; increasing the number and changing the 
representation of directors of the board; changing the name of certain 
officers of the board; adding a legislative recommendation; and 
correcting and conforming certain language. 



210 



1 998- 1 999 Session Ord. 99-432 



By repealing and reordaining, with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 
Section(s) 266, 267, 268(a), 27 1 (a)(2), (b), (e) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Community Benefits Districts and Authorities 

Midtown [Special] COMMUNITY Benefits District and 
Management Authority 

§266. [Findings of fact1 Declarations. 

(a) Findings. 

After giving consideration to the views of property owners, the 
retail merchants, the property tenants, and other members of 
the business and residential communities within the [district] 
District, and after a public hearing, the Mayor and City 
Council has determined that: 

[(a)1 (1) the [district] District created under this subtitle will 
reflect a diverse mix of business and residential properties; and 

[(b)1 (2) the [district] DISTRICT will reflect a diverse economic, 
social, and racial mix. 

(B) Recommendation. 

The Mayor and City Council recommends that residents 
OF THE District consult a tax advisor before treating 

THE supplemental TAX PAID TO THE DISTRICT AS A 
DEDUCTIBLE TAX. 



211 



Ord. 99-432 1 998- 1 999 Session 

§ 267. District created. 

(A) In GENERAL 

There is [hereby created] a community benefits district, to be 
known as the Midtown [Special] COMMUNITY Benefits District, 
within the following boundaries: 

Beginning at the point of intersection of the center 
lines of Franklin Street and Park Avenue; then east 
along the north side of Franklin Street to intersect with 
the property line between Lot 4 and Lot 5 of Block 
55 1 ; then north along that property line continuing 
across Hamilton Street to intersect with the north side 
of Centre Street; then east on the north side of Centre 
Street to intersect with the center line of 1-83; then 
north on 1-83 to intersect with the west side of Calvert 
Street; then north on the west side of Calvert Street to 
intersect with the north side of North Avenue; then 
west on the north side of North Avenue except that the 
properties in the 1 900 block of North Charles Street 
and the 1900 block of St. Paul Street shall be included; 
then continuing west on the north side of North 
Avenue to [Howard Street] THE WEST SIDE OF CHARLES 
Street; then north on Charles Street to the 
southwest corner of charles and 20-1/2 street; 
then west on the south side of 20-1/2 street to 
the east side of howard street; then south on 
Howard Street to the southeast corner of 
North Avenue and Howard Street then west on 
the south side of North Avenue to intersect with the 
southeast side of Gold Street; then southwest on the 
southeast side of Gold Street to intersect with the 
northeast side of Tiffany Alley; then southeast on the 
northeast side of Tiffany Alley to intersect with the 
[northwest side of Laurens Street; then northeast on the 
northwest side of Laurens Street to intersect with the 
southwest side of Eutaw Place; then southeast on the 
southwest side of Eutaw Place to intersect with the] 
northwest side of Dolphin Street; then northeast [and 
east] on the northwest and north sides of Dolphin 
Street to intersect with the northeast side of [Park] 
Madison Avenue; then southeast [and south] on the 



212 



1998-1999 Session Ord. 99-432 



[northeast and] east [sides] SIDE of [Park] MADISON 
Avenue to intersect with the southeast side of Martin 
Luther King, Jr. Boulevard; then southwest on the 
[southeast] NORTHEAST side of Martin Luther King, Jr. 
Boulevard to intersect with the northeast side of Read 
Street; then southeast on the northeast side of Read 
Street to intersect with the east side of Tyson Street; 
then south on the east side of Tyson Street to intersect 
with the south side of Monument Street; then west on 
the south side of Monument Street to intersect with the 
east side of Howard Street; then south on the east side 
of Howard Street to intersect with the north side of 
Centre Street; then east on the north side of Centre 
Street to intersect with the east side of Park Avenue; 
then south on the east side of Park Avenue to the point 
of beginning. 

Provided, however, that the following property is included in the 
described area: 1801 Falls Road (Block 387, Lots 25b, 26, 35, 36, 
37, and 38). 

(B) Properties IN 2 OR MORE DISTRICTS. 

[In the event] IF boundary descriptions [should] result in a 
[property] PROPERTY'S being located in 2 or more community 
benefit districts, then the property [shall be] IS considered to be 
contained in the first community benefit district [enacted] CREATED. 

268. Authority created. 

(a) Creation. 

There is [hereby created the] A Midtown [Special] COMMUNITY 
Benefits District Management Authority, [which is] referred to 
[hereafter] IN THIS SUBTITLE as the "Authority". 



271. Authority; board of directors. 

(a) In GENERAL I 



(2) The number of voting members of the full board shall be not 
less than [thirteen (13)] 14, excluding vacancies, and no more 
than [twenty-five (25)] 25. The interim board shall propose to 



213 



Ord. 99-432 1998-1999 Session 



the Board of Estimates the initial full membership of the board 
and the proposed terms for each director. The terms of the 
members shall be staggered. Interim board members may be 
included in the recommended full board list. [Such] THAT 
recommendation shall occur no later than [ten (10)] 10 days 
after approval of the district and shall be subject to the consent 
and concurrence of the Board of Estimates. The board [shall 
have the] HAS full authority to increase or decrease its 
membership, within the [above] limits SPECIFffiD ABOVE. 

(b) Members of the board[:]. 

( 1 ) The board comprises the following voting members: 

[(1)] (I) [One voting] 1 member [shall be] appointed by the 
Mayor. 

[(2)] (II) [One] 1 member shall be a member of the City 
Council appointed by the President of the City Council 
[who shall be a voting member if he or she is eligible to 
vote in the election under Section 276]. 

[(3)] (III) At least [two voting] 2 members [shall be] from each 
of the following constituent organizations within the 
district: 

[(i)] 1 . Charles-North Community Association 

[(ii)] 2. Mt. Royal Improvement Association 

[(iii)] 3. Madison Park Improvement Association 

[(iv)] 4. Mt. Vemon-Belvedere Improvement Association 

[(4)] (IV) The Board shall contain [four (4)] 4 at-large [voting] 
members, ONE FROM EACH OF THE FOLLOWING 
communities COMPRISING THE DISTRICT: 

1. Charles-North 

2. Bolton Hill 



214 



1 998- 1 999 Session Ord. 99-432 

3. Madison-Park 

4. Mt. Vernon-Belvedere 

[(5)] (2) The board may contain additional members from the 
following constituent groups, AS DETERMINED BY THE BOARD 
FROM TIME TO TIME: 

(i) UP TO [four (4) non -voting] 4 members from the 

neighborhood associations bordering the district, the 
Downtown Management District Authority and 
THE Charles Village Benefits Authority, who 

SHALL BE VOTING OR NON-VOTING, AS DETERMINED BY 
THE BOARD FROM TIME TO TIME; AND 

(ii) [ two (2) non- voting] UP TO 3 VOTING members from 
the churches and non-profit organizations within the 
district THAT MAKE VOLUNTARY CONTRIBUTIONS TO 
THE DISTRICT; 

(iii) [one (1) non- voting member from the Downtown 
District Authority and one (1) non- voting member 
from the Charles Village Community Benefits 

Authority.] UP TO 4 VOTING MEMBERS REPRESENTING 
CONSTITUENCIES THAT THE BOARD DETERMINES IN ITS 
DISCRETION WILL ENHANCE THE AUTHORITY'S SUCCESS 
IN FURTHERING THE BROAD OBJECTIVES OF IMPROVING 
AND ENHANCING PUBLIC SERVICES THROUGHOUT THE 
DISTRICT, INCLUDING, BY WAY OF EXAMPLE ONLY, 
RETAIL MERCHANTS, MAJOR EMPLOYERS, 
PROFESSIONALS PRACTICING IN THE DISTRICT, AND 
RESIDENTIAL TENANTS. 

[(6)] (3) At least two-thirds of the board [shall be composed of] 
MUST BE owners or representatives of property owners 
subject to the tax imposed by this subtitle. [A voting 
member of the board must be eligible to vote in the 
election under Section§ 276 of this subtitle.] 

[(7) The board shall endeavor to maintain representatives on the 
board from professionals practicing in the district, the retail 



215 



Ord. 99-433 1998-1999 SESSION 



merchants within the district, and the tenants of properties in 
the district; however no minimum representation shall apply; 
and] 

[(8)] (4) Consistent with the encouragement of partnerships 
between the Authority and property owners exempt from the 
tax imposed by this subtitle, the board is encouraged to 
consider representation of [such] EXEMPT partners on the board. 

(e) Officers. 

The board shall select from among its members[,] individuals to 
serve as officers, at the pleasure of the board, as [president] chair, 
[vice-president] viCE-CHAiR, treasurer, and secretary of the 
Authority, delegating to these individuals responsibilities the board 
deems appropriate. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 1, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-433 
Council Bill 99-1013 

An Ordinance Concerning 

Residency Requirement for Mayor 



For the purpose of reaffirming and retaining the residency requirement for 
Mayor that is imposed by the Baltimore City Charter; and providing for 
a special effective date. 

By authority of 

Article 24 - Political Subdivisions - Miscellaneous Provisions 
Section 1-108 



216 



1 998- 1 999 Session Ord. 99-434 



Annotated Code of Maryland 

(As enacted by Chs. 8 and 9, Acts of 1999) 

Recitals 

Article IV, § 1 (a) of the Baltimore City Charter requires, among other 
things, that a candidate for Mayor of Baltimore City have been a resident of 
the City "for at least one year next preceding the election". 

Chs. 8 and 9, Acts of 1999, provide that a candidate "for the office of 
the chief executive officer of a political subdivision shall be a resident of 
the political subdivision for at least 6 months preceding the election for the 
chief executive officer". By definition, this requirement applies to but two 
"political subdivisions" (Baltimore City and Montgomery County) and two 
"chief executive officers" (the Mayor of Baltimore City and the County 
Executive of Montgomery County). 

Chs. 8 and 9, Acts of 1999, further provide, however, that a "political 
subdivision" may retain a Charter residency requirement that is longer than 
6 months if that political subdivision "reaffirms the longer ... requirement 
by enactment of an Ordinance effective no later than 4 weeks prior to the 
filing deadline specified in Article 33, § 5-303(a) of the {Maryland} Code." 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the residency requirement imposed by the Baltimore City 
Charter for Mayor be and it is reaffirmed and retained. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 1 , 1 999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-434 
Council Bill 98-873 

An Ordinance Concerning 

Zoning — Conditional Use Convalescent, Nursing, and 
Rest Home — 3300 Alto Road 



217 



Ord. 99-434 1 998- 1 999 SESSION 



For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home on the property known as 3300 Alto Road, as outlined in 
red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.4-ld-I and 1 1.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home on the 
property known as 3300 Alto Road, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.4-ld-l 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
followine conditions: 

1 . the maximum number of residents is 12; 

2. there may be no more than 2 persons per sleeping room; 

3. residents must be at least 60 years of age; and 

4^ the home compli e s must comply with all applicable federal, state, 
and local licensing and certification requirements. 

Section 2. And be it further ordained. That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



218 



1998-1999 Session Ord. 99-435 



Approved June 7, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-435 
Council Bill 99-911 

An Ordinance Concerning 



Sale of Property — Lot Located on the West Side of 
North Ellamont Street, 108 Feet North of Piedmont Avenue 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell at either public or private sale, all its interest in certain property 
located on the west side of North Ellamont Street, 1 08 feet north of 
Piedmont Avenue and no longer needed for public use; and providing 
for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in the property located on the 
west side of North Ellamont Street, 1 08 feet north of Piedmont Avenue, and 
more particularly described as follows: 

The subject parcel (Block 306 IB, Lot 045) is an irregular 
landlocked shape. The property fronts 96 feet along the 
west side of North Ellamont Street, a paper street; 176 feet 
along the north side of an unnamed 20-foot paper alley; 
and 143 feet along the east side of an unnamed 20-foot 
paper alley. The site is wooded and slopes from north to 
south, 

containing 19,132 + square feet, more or less, this property being no longer 
needed for public use. 



219 



Ord. 99-436 1 998- 1 999 Session 



Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 7, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-436 
Council Bill 99-929 

An Ordinance Concerning 

Metropolitan District of Baltimore County — 
Extension 133 

For the purpose of consenting to and approving a petition to extend the 
Metropolitan District of Baltimore County to a certain tract of land^ 
subject to certain conditions ; and providing for a special effective date. 

By authority of 
Chapter 539 
Acts of the General Assembly of 1 924 

and 
Chapter 5 1 5 
Acts of the General Assembly of 1 955 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore consents to and 
approves the petition to extend the Metropolitan District of Baltimore 
County to a tract of land, consisting of approximately 40.949 acres, located 
in the 8C4 Election District of Baltimore County in the vicinity of Dulaney 
Valley Road and Pot Spring Road, as more particularly shown on the plat 
labeled Extension 133 and filed with the Department of Public Works of 
Baltimore County , subject to the following conditions: 

(1) in conformity with the Baltimore Countv Master Plan, the 
maximum density permitted by the Baltimore County Zoning 



220 



1 998- 1 999 Session Ord. 99-437 



Commissioner as of the date that this Ordinance is enacted is 
the maximum density allowed on this site; and 

(2) no stormwater management waivers may be given for water 
quality or quantity . 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 7, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-437 
Council Bill 99-947 

An Ordinance Concerning 

Rezoning — Portion of 6820 Fait Avenue 
(Southeast Middle School # 255) 

For the purpose of changing the zoning for a certain portion of the property 
known as 6820 Fait Avenue, as outlined in red on the accompanying 
plat, from the R-3 Zoning District to the M-M Zoning District. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 60 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 60 of the Zoning District Maps is amended by 
changing from the R-3 Zoning District to the M-M Zoning District a 
certain portion of the property known as 6820 Fait Avenue, as outlined in 
red on the plat accompanying this Ordinance, and more particularly 
described as follows: 

Beginning for the same at a point on the Eastern Boundary Line of 
Baltimore City, having a coordinate value of East 24,31 1.950 feet and 
South 4,023.832 feet, said point of beginning being the beginning of the 



221 



Ord. 99-438 1 998- 1 999 SESSION 



eighth line of the first parcel of land conveyed by Canton Company of 
Baltimore, et al, to the Mayor and City Council of Baltimore by deed 
dated December 10, 1969, and recorded among the Land Records of 
Baltimore City in Liber R.H.B. No. 2592 Folio 199 and running thence 
binding on the Eastern Boundary Line of Baltimore City and on part of 
the eighth line of the first parcel of land described in said deed, there 
situate, due South 25.03 feet to intersect a line drawn parallel with and 
distant 25.00 feet southerly measured at right angles from the seventh 
line of the first parcel of land described in said deed; thence binding on 
said line so drawn, South 87° 05' 30" West 308.20 feet; thence by 
straight line North 02° 54' 30" West 25.00 feet to intersect the seventh 
line of the first parcel of land described in said deed and thence binding 
on part of the seventh line of the first parcel of land described in said 
deed to the end thereof. North 87° 05' 30" East 309.74 feet to the place 
of beginning, 

containing 7720.99 square feet, or 0. 1 772 acre, more or less. 

Section 2. And be it further ordained. That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 7, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-438 
Council Bill 99-952 

An Ordinance Concerning 

Building and Zoning Codes — Fees 

222 



1 998- 1 999 Session Ord. 99-438 



For the purpose of revising the \'cc si In chile for eertain permits issued and 
other serviees provided under ihe lUiildini: and Zoning Codes; 
transferring the provisions niiposing a l^uildnig Code Pernni Tax to the 
Building Code; elarifying, conforinnig, and correeting certain language; 
and providing for a special efteclive date. 

By repealing 

Article 28 - Taxes 

Section(s) 89 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 

Article 30 - Zoning 

Section(s) I1.0-2g2 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 
Article - Zoning 
Section(s)2-M)4(a)(l) 
Baltimore City Code 
(As enacted by Ordinance 99-xxx (Council Bill 98-830)) 

By repealing and reordaining, with amendments 

Article 32 - Building Code 

Section(s) 1 1 1 .6, 1 1 2.3, 1 1 2.5. 1 through 1 1 2.5.5, 1 1 2.5.1 through 

112.5.9, 1 12.6.1a -c.h- k. and n - p, 1 12.6.2a, c, and e - h, 112.6.V 

and 112.6.4c 
Baltimore City Code 
(1997 Building Code Edition) 

By adding 

Article 32 - Building Code 
Section(s) 1 12.7 
Baltimore City Code 
(1997 Building Code Edition) 

Six TioN 1. Bk it okdaini:!) by i hi: Mayor and City Council of 
Baltimork, That the Laws ol i^altimore City read as follows: 



223 



Ord. 99-438 1 998- 1 999 Session 

Baltimore City Code 

Article 28 — Taxes 

[Subtitle ~ Building Code Permit Tax] 

[§ 89. Provisions. 

There is hereby levied and imposed a tax to be paid and administered, 
as hereinafter provided, on the issuance of permits required by the 
Baltimore City Code (Article 32 of the Baltimore City Code) in the 
amount of 5% of the final cost of each permit under that Code rounded 
up to the nearest whole dollar. The funds so collected shall be 
deposited to the General Fund and shall be accounted for in a revenue 
account entitled "Homeless Relief Assistance", with the legislative 
intent that an equivalent amount be appropriated in the future for the 
relief of the homeless.] 

Article 30 — Zoning 

Chapter 11 — Administration and Enforcement 

§11.0-2. The Zoning Administrator. 

g. Certificates of use. 

2. A certificate of use may be obtained from, and shall be issued 
by, the Zoning Administrator upon proper application and the 
payment of a [ten dollar ($10)] $45 fee for each certificate 
requested. A separate application shall be made for each 
individual lot or parcel of property. Each such application shall 
contain the following information: 

(a) a description or definite street location of the property 
involved, as required by the Zoning Administrator; 

(b) the name and address of the present owner of the 
property involved; 

(c) the existing use of the property involved; and 

(d) if the property under the provisions of this ordinance is 
one designated and restricted as a single-family 



224 



1 998- 1 999 Session Ord. 99-438 



dwelling so that its use and occupancy are limited to 
one family, a statement to that effect. 

Article 32 — Building Code 

Chapter 1 — Administration 

Section 111.0 Conditions of Permit 

111.6 Time limitation on permits: All permits expire on the 
expiration date specified on the permit. In fixing the expiration date, 
the Building Code Official shall allow a reasonable time to complete 
the work. If work begun under a permit is not completed by the 
expiration date, that permit is void. However, [within 30 days after the 
expiration date,] the Building Code Official may grant an extension of 
not more than 1 year within which to complete the work. 

Section 112.0 Fees 

112.3 Minimum fees and service charges: Fees or service charges 
for the various permits, certificates, inspections, tests, or other services 
provided under this Code are as specified in this Section 1 12.0. Unless 
otherwise specified, the minimum fee or service charge is [$20] $25. 
All fees are to be rounded to the nearest dollar. 

112.5 Service charges: 

112.5.1 Duplicate or additional documents: The charges for 
duplicate or additional copies of permits, certificates, and other 
documents are: 

a. for documents other than plans, $10 for each duplicate or 
copy issued, with a minimum charge of [$20] $25, and 

b. for approved plans, $10 per sheet plus any charge involved 
in reproducing them, with a minimum charge of [$20] $25. 

112.5.2 Partial permits: For a partial permit issued under this 
Code, the charge is $10 for each $1,000 worth of work, with a 
minimum charge of: 



225 



Ord. 99-438 1 998- 1 999 Session 

A. FOR RESIDENTIAL STRUCTURES, $ 1 00; 

B. FOR NONRESIDENTIAL STRUCTURES, $250. 

112.5.3 Permit extensions: For a permit extension issued under 
this Code, the charge is AS FOLLOWS: 

A. If the APPLICATION FOR AN EXTENSION IS MADE WITHIN 30 
DAYS AFTER THE PERMIT EXPIRES, THE FEE FOR THE 
EXTENSION IS $25. 

B . If THE APPLICATION FOR AN EXTENSION IS MADE MORE THAN 
30 DAYS AFTER THE PERMIT EXPIRES, THE FEE FOR THE 
EXTENSION IS [the greater of $20 $2& or] 50% of the 
original permit fee. ALTERNATIVELY, THE APPLICANT MAY 
APPLY FOR A NEW PERMIT FOR THE WORK REMAINING TO BE 
COMPLETED, WITH THE FEE FOR THAT PERMIT TO BE BASED 
ON THE SCOPE OF THAT REMAINING WORK. 

112.5.4 Permit amendments: For an amendment to a permit, the 
charge is as follows: 

a. For each amendment that involves work not originally 
applied for to complete the entire project, the charge is the 
appropriate fee for the work contemplated plus a surcharge 
of 10%, with a minimum [charge] COMBINED FEE AND 
SURCHARGE of $50. 

b. For each amendment that is outside the scope of paragraph 
a above and for which revised plans are required, the 
charge is 20% percent of the original permit fee, with a 
minimum charge of $50. 

c. For each amendment that is outside the scope of paragraph 
a above and for which revised plans are not required, the 
charge is [$20] $25. 

112.5.5 Cancellation of applications: If a legal permit cannot be 
issued on an application, the Department will notify the applicant of 
that fact, and the application may be withdrawn by the applicant or 
canceled BY the Department. The charge for the withdrawal or 



226 



1998-1999 Session Ord. 99-438 



cancellation is 50% of the fee prescribed for the work described in 
the application. However, there is no cancellation charge if the fee 
for the permit applied for is less than $100. 

112.5.7 Revised drawings: For revised drawings, the charge is 
[$5] $10 for each sheet submitted, with a MINIMUM CHARGE OF 

$25. 

112.5.8 Application filing fee: Before an application for [a] ANY 
permit or [a] certificate [of occupancy] is processed, the applicant 
shall pay a fee of [$10] $25. 

112.5.9 [Reinspection fee] Inspection fees: 

112.5.9.1 Overtime FEE: For each inspection or 

REINSPECTION THAT, AT THE REQUEST OF THE OWNER OR 
OWNER'S AGENT, IS MADE OUTSIDE NORMAL WORKING HOURS, A 
CHARGE IS IMPOSED AT THE RATE OF $50 AN HOUR FOR EACH 
INSPECTOR, WITH A MINIMUM CHARGE, PAYABLE IN ADVANCE^ 
OF $200 FOR EACH INSPECTOR. 

112.5.9.2 REINSPECTION FEE. If the owner or owner's agent 
schedules an inspection and, for any reason, a reinspection of 
the same work is required, [a fee for each reinspection shall be 
paid] THE CHARGE , PAYABLE in advance, IS as follows: 

a. $35 for [the] A first reinspection [, $35], 

b. $50 for [the] A second reinspection [, $50], and 

c. $100 for [the] A third and every subsequent 

reinspection [, $100]. 

112.6 Fee schedules: 

112.6.1 Permit fees for construction work: 

a. New buildings and additions: 

1. RESIDENTIAL 

$10 for each 1,000 cubic feet 
(28.31 cu. m.) or fraction of 



227 



Ord. 99-438 1998-1999 Session 



1,000 cubic feet (28.31 cu. 
m.) of gross volume, 
including all basements and 
cellars. 



Minimums — [New ] 

New [private residences] BUILDING $75 
[All other new buildings $ 1 00] 

[Minimums — Additions] 
Additions [to private 

residences] [$50] $100 

[All other additions $75] 

2. NONRESroENTIAL 

$12 FOR EACH 1 ,000 CUBIC FEET (28.3 1 CU. M.) OR 
FRACTION OF 1 ,000 CUBIC FEET (28.3 1 CU. M.) OF 
GROSS VOLUME, INCLUDING ALL BASEMENTS AND 
CELLARS. 

Minimums — 

New BUILDING $100 

Additions $200 

b. Structures accessory to a principal occupancy: 

Each structure of 100 square feet (9.29 sq. m.) 
OR less $25 

Each structure over 100 square feet (9.29 sq. m.) $50 

[Each structure of 100 square feet (9.29 sq. m.) 

or less $20] 

c. Alterations and repairs: 

1. Residentl\l 

$ 1 for each $ 1 ,000 or fraction of $ 1 ,000 
estimated cost 



228 



1 998- 1 999 Session Ord. 99-438 



[Minimums] MINIMUM $50 

[Private residences $20] 



2. NONRESroENTIAL 

$ 1 2 FOR EACH $ 1 ,000 OR FRACTION OF $ 1 ,000 

estimated cost 

Minimum $150 

[All other buildings or structures $50] 

h. Paving or surfacing: 

to 1 ,000 sq. ft. (92.90 sq. m.) [$20] $25 
Over 1,000 sq. ft. (92.90 sq. m.) to 

1 0,000 sq. ft. (929.03 sq. m.) $35 
Over 10,000 sq. ft. (929.03 sq. m.) to 

50,000 sq.ft. (4645.15 sq.m.) $60 

Over 50,000 sq. ft. (4645. 1 5 sq. m.) $85 

i. Erection, placing, hanging, or reconstruction of 
RECONSTRUCTING signs: 

to 10 sq. ft. (0.929 sq. m.) [$20] $25 

Over 10 sq. ft. (0.929 sq. m.) to 

150 sq.ft. (13.94 sq.m.) $35 

Over 150 sq. ft. (13.94 sq. m.) to 

200sq. ft. (18.58 sq.m.) $60 

Over 200 sq. ft. (18.58 sq. m.) to 

500 sq. ft. (46.45 sq. m.) $150 

Over 500 sq. ft. (46.45 sq. m.) $250 

j. Installing on-premises advertising signs: 

For erecting, placing, hanging, or 
reconstructing any consolidated 
area of signage, as described in 
Article 30, § 10.0-3b8 of the 
Baltimore City Code, the fee is $1 
a square foot, with a minimum of 
$13 for each consolidated area of 
signage. 



229 



Ord. 99-438 1 998- 1 999 Session 



The rates in items i and j are based on the gross 
square feet area of the sign face or faces. No fee is 
charged for signs less than 100 square feet (9.29 
sq. m.) and used exclusively for advertising the 
sale or lease of the property on which they are 
posted. 

For repairing, painting, and rehanging any sign in the same 
place, the fee is [$20] $25 for each sign. 

k. Razing: 

$0,015 for each cubic foot volume of structure. 

Accessory buildings [$20] $25 each 

Maximum $1,000 each structure 

n. Swimming pools: 

Private residences [$35] $50 

All others [$75] $250 

o. Occupancy permit (INCLUDING ANY ACCOMPANYING USE 
PERMIT ISSUED UNDER ZONING CODE): 

For each use in each building or part of 

a building [$20] $45 

p. Sediment and erosion control: 

[$20] $25 for each permit, plus the following for each 
square foot disturbed: 

to 5,000 sq. ft. (464.52 sq. m.) $0,003 
Over 5,000 sq. ft. (464.52 sq. m.) to 

15,000 sq. ft. (1393.55 sq. m.) $0,004 

Over 15,000 sq. ft. (1393.55 sq. m.) $0,005 

112.6.2 Permit fees for electrical work: . 

a. Electrical service wiring and equipment to be installed, 
replaced, or relocated, including provision for 
connection of meter: 



230 



1998-1999 Session Ord. 99-438 



1. Rating in Amperes 

to 100 [$20] $25 
Over 100 to 200 $30 
Over 200 to 400 $40 
Over 400 to 800 $60 
Over 800 TO 1,000 $100 
Over 1,000 TO 2,000 $150 
Over 2,000 $200 

For services over 600 volts, add [$50] $ 1 00. 

2. lNSTi\LLATION OF INSTALLING CONDUITS AND DUCT 

banks only 

Over 40 to 200 feet $25 

Over 200 to 1 ,000 feet $50 

Over 1,000 FEET $100 

c. Fixtures OR DEVICES only: 

For installing electrical fixtures OR devices only: 

1 to 25 fixtures [$20] $25 
26 to 50 fixtures $30 
51 to 75 fixtures $35 

[$4] $5 for each additional 25 or fraction 
of 25 fixtures OR devices. 

e. Electrical semiannual permits for maintenance work: 

The fee for each permit is based on the total service of 
the plant. 

Rating of Service in Amperes 

to -100 [$50] Semiannual permit not required 
Over ^00 to [ 1 ,200] 600 [$75] $50 

Over 600 TO 800 $75 

Over 800 TO 1,200 $100 

Over 1 ,200 to 2,000 [$ 1 00] $ 1 50 

Over 2,000 [$150] $200 



231 



Ord. 99-438 1998-1999 Session 



f. Not otherwise classified: 

Electrical work not otherwise classified in 

this section [$20] $25 for each 

permit 

g. Low voltage and [communication] 
TELECOMMUNICATION wiring: 

[Minimum $20 

Maximum $50] 

1 TO 25 DEVICES $25 

$5 FOR EACH ADDITIONAL 10 OR FRACTION OF 10 
DEVICES 

h. Installing [only] electrical transformers ONLY: 

ItolOKVA [$20] $25 

Over 10 to 50 KVA [$30] $35 

Over 50 TO 1 00 KVA [$60] $75 

Over 100 KVA $100 

112.6.3 Permit fees for mechanical work: 

a. [Furnaces and fuel] FUEL-burning equipment [other 
than gas-fired, including heating systems] AND 
APPLIANCES: 

BTU per hour input per unit 

to 200,000 $30 

Over 200,000 to 500,000 $45 

Over 500.000 to 1 ,000,000 $75 
$75 FOR EACH ADDITIONAL 1 ,000,000 OR 
FRACTION OF 1,000,000 

[Maximum $800] 

Maximum $300 for each unit 

Lab TABLES: $5 for each outlet 



232 



1 998- 1 999 Session Ord. 99-438 

Replacement of units same as new 

[No fee is charged for fuel tanks not 
exceeding 550 gallons when installed 
in conjunction with oil burners. 

Domestic appliances, including water heaters, 
not exceeding 200,000 BTU per hour 
input: $30 for each unit 

(includes plumbing fee) 

Major alterations and repairs: 50% of the 

rate above; 
$30 minimum] 

b. Air conditioning and refrigeration systems[, including 
air handling and distribution equipment]: 

Cooling towers $ 1 50 each unit 

All others 

$5 a ton (1 ton equals 12,000 BTU per hour) 

Minimum $ 30 

Maximum $300 each unit 

c. Hydronic and steam-heating systems; 

New installation of baseboard radiation 

1- and 2-family dwellings $25 

All others $50 

New installation of piping 

1 - and 2-family dwellings $25 

All others $50 



233 



Ord. 99-438 



1998-1999 Session 



New installation of radiators or convectors 

$5 EACH 

Minimum $30 



Replacement of unit same as new 
e D. [Ductwork] Distribution systems: 

New installation 

1- and 2-family dwelling 
All other work 



Minimum 
Maximum 



$25 each 

house 

$5 for each 

1,000 CFM 

$30 
$15M300 



Reconstruction of existing distribution systems: 
1 TO 25 diffusers $35 

$50 FOR EACH ADDITIONAL 1 00 OR 
FRACTION OF 100 DIFFUSERS 

d E. [Ventilation] EXHAUST systems: 

$5 for each 1,000 cubic feet (28.31 cu. m.) of 
air per minute 



Minimum 
Maximum 

eF. Unfired pressure vessels: 

$50 each 
[f. Gas fuel-burning equipment: 

BTU per hour input per unit 
to 200,000 



$30 
$^^ $300 



$30 



234 



1 998- 1 999 Session Ord. 99-43 8 



Over 200,000 to 500,000 $45 

Over 500,000 to 1 ,000,000 $75 

Plus $30 for each to 200,000 
above 1,000,000 

Domestic gas appliances, 
not exceeding 200,000 BTU per hour 

input $30 minimum 

Gas-fired water heaters, new installations, 
not exceeding 200,000 BTU per hour 
input $30 each 

(includes plumbing fee) 

Replacing gas-fired water heaters, 
not exceeding 200,000 BTU per hour 
input $30 each 

(includes plumbing fee)] 

¥ G. [g.] Tanks for all liquids, including propane gas 
cylinders: 

LP gas cylinders in the aggregate of 
1,000 gallons (3,780 L) or fraction of 
1,000 gallons (3,780 L) are 
considered 1 tank. 

to 1 ,000 gallons (3,780 L) $20 each 

Over 1,000 gallons (3,780 L) to 

10,000 gallons (37,800 L) $30 each 

Over 10,000 gallons (37,800 L) $30 plus 

$10 for each 

5,000 gallons (18,900 Dor 

fraction over 10,000 gallons 

(37,800 L); maximum $400 

Removal of tanks [, no replacements] $35 per tank 

GH. [h.] Pumps and dispensers: 

For each hose outlet $10 

Minimum $30 



235 



Ord. 99-438 1 998- 1 999 Session 



H-I. [i.] Fire extinguishing systems: 

Sprinkler systems 

1 to 25 heads $35 

More than 25 heads $50 for each 

1 00 heads or fraction 

of 100 heads 

[Relocating hose station $ 1 each] 

[Relocating] RELOCATE sprinkler heads $5 each 

Minimum $30 

Maximum [$50] $100 

[Replacing] REPLACE sprinkler heads only $20 

Standpipe risers $50 EACH 

Relocate hose stations $ 1 each 

Chemical systems $50 

[Hand extinguisher No charge 

Reconstruction or repair Same as new] 

*!• Li'] Plumbing and on-site utilities: 

Install, replace, or reconstruct plumbing 

fixtures $5 each 

Remove plumbing hxtures only $20 

Electrical water heaters, new 

installation or replacement $20 EACH 

Water service pipe, new or replacement 

1-and 2-family [buildings] DWELLINGS [$20] $25 
All other work $50 

[Electrical water heaters, new installation not 

exceeding 200,000 BTU per hour $20 

Reconstruction soil or water lines on premises $20 

Reconstruction sanitary or storm water 

sewer on premises $20] 

Sanitary [sewer] connection, NEW OR REPLACEMENT 
[New] 1- and 2-family [buildings] DWELLINGS $25 
All other [new buildings] work $50 

[Existing 1- and 2-family buildings $20 

All other existing buildings $30] 

Storm water [sewer] connection, NEW OR 
REPLACEMENT 

[New] 1-and 2-family [buildings] DWELLINGS $25 
All other [new buildings] WORK $50 



236 



1998-1999 Session Ord. 99-438 



[Existing 1- and 2-family buildings $20 

All other existing buildings $30] 

Reconstruct water, sanitary, or 

storm lines on premises $20 each utility 

Cap off water, sanitary, or 

storm lines on premises $30 each utility 

Private disposal systems, including 
septic tank, dry well,or drain fields $100, plus 

[$3] $5 for each 
PLUMBING fixture [installed] 
[Removal of plumbing fixtures or 

cap-off water or sewer lines on premises $20] 

Lawn [sprinklers] IRRIGATION system $25 

Private swimming pool when connected to A water 

and sewer [lines] line $30 

Backflow prevention device [permit] 

Installation $25 each 

Annual TESTING inspection [during testing] $30 

JK. [k.] Installation of InstallcsG elevators, 
escalators, etc.: 

Installation per unit: 

Passenger, POWER FREIGHT, and parking 

elevators $50 [each], 

plus $5 per floor 
Maximum $150 

[Power freight elevators $50 each, 

plus $5 per floor 
Maximum $150 

Parking elevators $50 each, 

plus $5 per floor 

Maximum $150] 

Escalators $60 

Hand or gravity elevators $35 [each] 

[Escalators $60 each 

Power dumbwaiters $35 each 

Hand dumbwaiters $30 each] 

Stage OR orchestra [or] console elevators $50 [each] 



237 



Ord. 99-438 1 998- 1 999 Session 



Private residence elevators or inclined lifts $35 [each] 
[Elevators or inclined lifts for invalid use 

(doctor's certificate required) $20 each] 

Person lifts $50 [each] 

Automobile service lifts $20 [each] 

Power dumbwaiters $35 

Hand dumbwaiters $30 

[Material] TEMPORARY MATERIAL hoists and elevators 

[used temporarily as material hoists] $35 [each] 

Workers' hoists $35 [each], 

plus [$3] $5 per floor 

[Reconstruction Same as new installation] 

Alterations $ 1 for each 

$1,000 or fraction of 
$ 1 ,000 of estimated cost 

[Repairs No charge] 

112.6.4 Fees for certificates: 

c. Certificates of [use, occupancy,] 
completion[,] or other: 

$45 each 

112.7 Building Code Permit Tax: A tax is levied and imposed 

ON EVERY ISSUANCE OF A PERMIT UNDER THIS CODE. THE AMOUNT OF 
THE TAX IS 5% OF THE HNAL COST OF THAT PERMIT ROUNDED UP TO THE 
NEAREST WHOLE DOLLAR. THE FUNDS SO COLLECTED SHALL BE 
DEPOSITED TO THE GENERAL FUND AND ACCOUNTED FOR IN A REVENUE 
ACCOUNT ENTITLED "HOMELESS RELIEF ASSISTANCE", WITH THE 
LEGISLATIVE INTENT THAT AN EQUIVALENT AMOUNT BE APPROPRIATED 
IN THE FUTURE FOR THE RELIEF OF THE HOMELESS. 

Section 2. And be it further ordained, That if Bill 98-855 
(Revised Code - Health) is enacted, the Laws of Baltimore read as follows: 



238 



1 998- 1 999 Session Ord. 99-439 

Baltimore City Revised Code 
Article — 2k)ning 
§ 2-504. Application for certificate. 

(a) In general 

(1) A transfer certificate may be obtained from the Zoning 

Administrator, on application and payment of a [$10] $45 fee 
for each certificate requested. 

Section 3. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 4. And be it further ordained, That this Ordinance takes 
effect July 1, 1999. 

Approved June 7, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-439 
Council Bill 99-970 

An Ordinance Concerning 

Loitering — Liquor Establishments 



For the purpose of increasing the distance citizens are required to stand 
away from establishments that sell alcoholic beverages; clarifying, 
correcting, and conforming certain language; and generally relating to 
loitering near liquor establishments. 

By repealing and reordaining, with amendments 

Article 19 - Police Ordinances 

Section(s) 56 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 



239 



Ord. 99-439 1 998- 1 999 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — Loitering 

§ 56. Loitering near amusement arcades, drug abuse rehabilitation and 
treatment centers, and LIQUOR establishments [selling alcoholic 
beverages; penalties]. 

(a) Prohibited conduct. 

It [shall be] is unlawful for any person [or persons] who [are] IS 
standing or loitering 

(1) within [fifty (50)] 100 feet of [an (a)] a Class A, B, B-D7, 

C, or D retail establishment which sells alcoholic 
beverages [;], or 

(2) within [fifty (50)] 50 yards of a [(b)] 

(I) drug abuse rehabilitation and treatment center[;], 

or [(c)] 

(II) amusement arcade (as that term is defined in [Article 
15, Section 91 (b)] ARTICLE 30, § 13.0-2-4A of this 
Code), 

in such a manner as to obstruct free passage on or along the street 
or sidewalk, to disobey a request by a police officer to move on. 

(B) Penalties. 

Any person [violating] WHO VIOLATES the provisions of this section 
[shall be deemed] IS guilty of a misdemeanor and, [upon] ON 
conviction [thereof], [shall be] IS subject to a fine of not more than 
[five hundred dollars ($500.00)] $500 FOR EACH OFFENSE. 



240 



1 998- 1 999 Session Ord. 99-440 



(C) Measurements. 

The [50-foot distance mentioned] DISTANCES SPECIFIED in this 
section [is] ARE to be measured along the street or other pubhc way 
in both directions from the center of the main entrance, or any other 
entrance used by the public, of the [retail] establishment, CENTER, 

OR ARCADE. 

(D) Exception. 

Nothing [contained] in this section [is intended to prevent] 
PREVENTS property owners or their guests from sitting on their front 
steps or standing on their sidewalk in front of their property, 
regardless of whether or not the property is within the [50-foot line] 
DISTANCES SPECIFIED IN THIS SECTION. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 7, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-440 
Council Bill 99-972 

An Ordinance Concerning 



Zoning — Conditional Use Drive-In Pharmacy — 
4305 West Northern Parkway, 5601 and 5519 Reisterstown Road, 
4019 Ken Oak Road (Lots 20B, 20A, 20, 60 and 61 - Block 4426A); 

5517 Reisterstown Road (Lot 19 - Block 4426A); and 
5507 Reisterstown Road (Lots 14, 15, 16, 17, and 18 - Block 4426A) 



241 



Ord. 99-440 1 998- 1 999 SESSION 



For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a drive-in pharmacy on 
the properties known as 4305 West Northern Parkway, 5601 and 5519 
Reisterstown Road, 4019 Ken Oak Road (Lots 20B, 20A, 20, 60 and 61 
- Block 4426A); 5517 Reisterstown Road (Lot 19 - Block 4426A); and 
5507 Reisterstown Road (Lots 14, 15, 16, 17, and 18 - Block 4426A), 
as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s)6.2-ld-14, 6.3-ld-17,and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drive-in pharmacy on the properties known 
as 4305 West Northern Parkway, 5601 and 5519 Reisterstown Road, 4019 
Ken Oak Road (Lots 20B, 20A, 20, 60 and 61 - Block 4426A); 5517 
Reisterstown Road (Lot 19 - Block 4426A); and 5507 Reisterstown Road 
(Lots 14, 15, 16, 17, and 18 - Block 4426A), as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 6.2-1 d- 14, 
6.3- Id- 17, and 1 1.0-6d of the Baltimore City Code, subject to the condition 
that following conditions: 

1 . the pharmacy may have only 1 free-standing identification sign, 

a maximum of 25 feet high with a total display area not to 
exceed 80 square feet; 

2. the pharmacy is subject to the Landscaping Plan, dated April 6, 

1999. attached to this Ordinance; 

3. the final landscaping plan and the selection of plant species is 

subject to Planning Department approval; 

4. the pharmacy is subject to the Building Elevation. Fencing and 

Sign Plan, dated April 6, 1999, attached to this Ordinance; 

5. any changes to the Building Elevation Plan or Landscape Plan 

require Planning Commission approval; 



242 



1 998- 1 999 Session Ord. 99-44 1 



6^ the drive-in pharmacy compli e s must comply with all applicable 
federal state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 7, 1999 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 99-441 
Council Bill 97-555 

An Ordinance Concerning 

Energy Tax 

For the purpose of modifying the energy sales tax; imposing a tax on units 
of energy delivered to certain users; providing for the rate of the tax; 
establishing procedures for administration and collection; providing for 
refunds; providing for certain records to be kept; providing for interest 
and penalties; defining certain terms; clarifying and correcting certain 
language; providing for special effective dates; and generally relating to 
taxes on the sale of certain types of energy. 



243 



Ord. 99-44 1 1 998- 1 999 Session 



By repealing and reordaining, with amendments 

Article 28 - Taxes 

Section(s) 55 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

By adding 

Article 28 - Taxes 

Section(s) 56A 

Baltimore City Code 

(1983 Replacement Volume and 1995 Supplement) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 28 — Taxes 

Subtitle — Public Utilities Taxes 

55. Telecommunications [Tax;] tax — imposed, rate, collection. 

[(a)(1) Artificial or natural gas, electricity, and steam rates. There is 
hereby levied and imposed on all sales for consumption of artificial or 
natural gas, electricity and steam delivered in Baltimore City through pipes, 
wires or conduits within the limits of Baltimore City, hereinafter referred to 
as "energy sales", and billed after the effective date hereof, a tax at the rate 
of 8% upon the gross sales price thereof; provided, however, that the rate of 
tax levied on energy sales which are exempt from the Maryland State Retail 
Sales and Use Tax as sales of energy used directly in manufacturing, 
assembling, processing or refining, shall be the rate specified in paragraph 
(2) of this subsection. The rates specified in paragraph (2) shall apply only 
if the purchaser has provided the vendor with the required exemption 
certification upon the form provided by the State Comptroller. 

(2) The rate of tax levied and imposed by paragraph (1) above on 
energy sales which are exempt from the Maryland State Retail Sales and 
Use Tax as sales of energy used directly in manufacturing, assembling, 
processing or refining shall be: 

(a) AfterJune 30, 1986, 7.75%; 

(b) After June 30, 1987,7.00%; 

244 



1 998- 1 999 Session Ord. 99-44 1 



(c) After June 30, 1988, 6.00%; 

(d) After June 30, 1989,5.00%; 

(e) After June 30, 1990, 4.00%; 

(f) After June 30, 1991, 3.00%; 

(g) After June 30, 1992, 2.00%; 
(h) After June 30, 1993, 1.00%; 
(i) After June 30, 1994, 0.00%. 

(3) For the purposes of this section the terms "manufacturing", 
"assembling", "processing", or "refming" do not include: 

(a) maintaining, servicing or repairing; 

(b) testing finished products; 

(c) providing for the comfort or health of 
employees; 

(d) operating administrative or commercial facilities, such as 
offices, sales and display rooms, retail outlets and storage facilities, 
including refrigerated storage facilities; and 

(e) any other exclusions which may be incorporated in the 
regulations governing the administration of the Maryland State Retail Sales 
and Use Tax by the State Comptroller from time to time as such inclusions 
may relate to manufacturing, assembling, processing or refining.] 

(a) [(4) Telecommunications tax] Tax IMPOSED; rate. 

(1) There is [hereby] levied and imposed on all sales of exchange 
service for the transmission of telecommunications originating within the 
limits of Baltimore City and billed after the effective date hereof, a tax at 
the rate of [twelve per centum (12%)] 12% upon the gross sales price 
[thereof] for sales of exchange service for the transmission of 
telecommunications originating within the limits of Baltimore City. 

(2) Except for the tax levied and imposed [hereby] BY THIS 
SECTION upon the gross sales price for business and residence exchange 
telephone lines or trunks, Centrex exchange access lines, and 
telecommunications messages, effective with bills rendered after December 
31, 1982, the tax rate shall be [five per centum (5%)] 5%. 



245 



Ord. 99-44 1 1 998- 1 999 SESSION 



(b) Collection; reports. 

Every person, firm, or corporation making any [such deliveries or] OF 
THESE sales within the City of Baltimore shall collect [said] THE tax from 
the purchasers of [said] THE products or services and report [the same] IT TO 
THE Director of Finance, under oath on forms supplied by the 
Director, on or before the [twenty-fifth] 25"™ day of the succeeding 
calendar month, [to the Director of Finance upon forms to be supplied by 
him] and pay to the Director of Finance the amount collected from [the said] 
ALL purchasers during the preceding calendar month. 

(c) Exceptions. 

The tax imposed by this section [shall] DOES not apply to any of the 
following: 

(1) Sales to the United States [of America; provided, however, that 
nothing contained in this section shall be construed to exempt any 
instrumentality or agency of the United States of America which is subject 
to the taxing power of the Mayor and City Council of Baltimore, from 
taxation hereunder] AND ITS AGENCIES, UNLESS SUBJECT TO LOCAL TAX 
UNDER FEDERAL LAW; 

(2) Sales to the State of Maryland, or any of its political 
subdivisions, or the Mayor and City Council of Baltimore, or any of their 
agencies; AND 

(3) Sales to any [non-profit] NONPROFIT hospital, [non-profit] 
religious, [nonprofit] charitable, or [non-profit] educational institution or 
organization for use in carrying on the work of the NONPROFIT [hospital, 
organization or] institution OR ORGANIZATION, and sales to any in-patient 
medical care or nursing facility licensed by the State or City Health 
Departments for use in carrying on the work of the [in-patient medical care 
or nursing] facility. 

[(4) Sales of gas and electricity made under residential schedules 
applicable to the City of Baltimore on file with the Public Service 
Commission of Maryland designated Schedule D (Gas) and Schedule R 
(Electricity), sales of gas or electricity made under any residential private 
area lighting schedules, and upon issuance of exemption certificates by the 
Director of Finance, other sales of gas, electricity and steam for residential 



246 



1 998- 1 999 Session Ord. 99-44 1 



purposes; the provisions of this section to become effective with bills 
mailed or otherwise rendered fifteen (15) days after the date of the passage 
of this ordinance. 

(5) Sales of gas and electricity, for use or consumption in the 
manufacturing or generation of steam, when said commodity is 
manufactured or generated for sale.] 

(d) Regulations. 

The Director of Finance is hereby authorized to adopt such rules and 
regulations as may be necessary to insure the collection of the tax imposed 
by this section and to define any terms used in this section. 

[(e) Any person, firm, or corporation who has paid the tax imposed 
under Section 55 (a) for any gas, electricity or steam used or consumed for 
residential or for combined residential and commercial purposes may make 
application annually to the Director of Finance for a refund of that portion 
of the taxes paid reasonably allocable to residential purposes only. The 
application shall be in such form as approved by the Director of Finance 
and shall contain such information as may be required by him. Said 
application shall be signed by the applicant; shall contain a sworn affidavit 
as to the truth and accuracy of the information set forth therein; and shall be 
filed not later than April 1 of each year and shall cover the preceding twelve 
(12) months. Any application not received by April 1 in any particular year 
shall not be given consideration. The Director of Finance is hereby 
authorized to refund that portion of the taxes which he determines has been 
paid in connection with gas, electricity, or steam used or consumed for 
residential purposes only, and he is hereby authorized and empowered to 
adopt rules and regulations to assist him in making such determination, any 
such refund shall be made from a reserve fund created out of a portion of 
the tax receipts collected under Section 55(a), and such reserve fund shall 
be in an amount estimated to be sufficient to pay the refunds authorized by 
this paragraph.] 

56A. Energy TAX. 

(A) DEnNITIONS. 

( 1 ) In this SECTION, THE FOLLOWING TERMS HAVE THE MEANINGS 

indicated. 

(2) "Director" means the Director of Finance or designee. 

247 



Ord. 99-44 1 1 998- 1 999 SESSION 



(3) "Energy" means artihcial or natural gas, electricity, 
OR steam delivered in Baltimore City through pipes, wires, or 
conduits. 

(4) (I) "Revenue" means the total amount billed for the 

SALE, delivery, OR DISTRIBUTION OF ENERGY TO USERS. 

(II) "Revenue" includes, by way of description and not 

LIMITATION, THE AMOUNT BILLED FOR ENERGY OR FUEL COST ADJUSTMENTS, 
delivery or SYSTEM CHARGES, AND SERVICE CHARGES. 

(III) "Revenue" does not include hnance charges, late 

PAYMENT CHARGES, OTHER GOVERNMENT TAXES OR SURCHARGES, THE TAX 
IMPOSED BY THIS SECTION, CHARGES ASSOCIATED WITH THE INITIAL HOOK-UP 

or re-connection to the vendor's system. 

(5) "User" includes any person, hrm, or corporation that 
receives delivery of energy, other than for resale or for use in the 
production of other forms of energy taxed under this section. 

(6) "vendor" means any person, hrm, or corporation that 
delivers energy subject to the tax imposed by this section directly 

TO A USER. 

(B) Tax imposed; exemptions. 

( 1 ) There is levied and imposed a tax on energy delivered 
through pipes, wires, or conduits to all users in the city other than 
those exempted by paragraph (2) of this subsection. 

(2) The tax imposed by this section does not apply to energy 
delivered to any of the following: 

(I) THE United States and its agencies, unless subject to 

LOCAL TAX UNDER FEDERAL LAW; 

(II) THE STATE OF MARYLAND AND ITS AGENCIES; 

(III) THE City of Baltimore and its agencies; 

(IV) any nonprort hospital, religious, charitable, or 
educational institution or organization, or any in-patient medical 
care or nursing facility licensed by the State or City Health 



248 



1 998- 1 999 Session Ord. 99-44 1 



Departments, with respect to energy used in carrying on the work 

OF THE NONPROHT INSTITUTION OR ORGANIZATION OR THE IN-PATIENT 
MEDICAL CARE OR NURSING FACILITY; 

(V) RESIDENTIAL ENERGY USERS SUBJECT TO RESIDENTIAL 

schedules that are applicable to the city of baltimore and are on 
file with the public service commission of maryland; and 

(vi) energy users that are exempt from the maryland 
State Retail Sales and Use Tax as direct users of energy in 

MANUFACTURING, ASSEMBLING, PROCESSING, OR REHNING OPERATIONS, BUT 
not INCLUDING THEIR ENERGY USE FOR: 

1 . MAINTAINING, SERVICING, OR REPAIRING; 

2. TESTING HNISHED PRODUCTS; 

3. PROVIDING FOR THE COMFORT OR HEALTH OF 
EMPLOYEES; 

4. OPERATING ADMINISTRATIVE OR COMMERCIAL FACILITIES 
SUCH AS OFHCES, SALES OR DISPLAY ROOMS, RETAIL OUTLETS, AND STORAGE 
FACILITIES (INCLUDING REFRIGERATED STORAGE FACILITIES); OR 

5. ANY OTHER EXCLUSIONS THAT THE State 

Comptroller incorporates from time to time in the regulations 
governing the administration of the maryland state retail sales 
AND Use Tax, as those inclusions relate to manufacturing, 

ASSEMBLING, PROCESSING OR REHNING. 

(c) Rates. 

For the each hscal year BEGi>miNG July 1 , 1 998, and for each 

SUCCEEDING FISC;\L YEAR , THE RATES OF THE TAX WILL BE ESTABLISHED AS 
FOLLOWS: 

( 1 ) On OR BEFORE THE PRECEDING FEBRUARY 1 , EACH PERSON, 
RRM, OR CORPORATION THAT SELLS, DISTRIBUTES, OR DELIVERS ENERGY 
SHALL CERTIFY TO THE DIRECTOR, ON FORMS PROVIDED BY THE DIRECTOR, 
THE REVENUES FROM AND UNITS OF ENERGY SUPPLIED AND DELIVERED 
DURING THE PRIOR CALENDAR YEAR DIRECTLY TO ALL USERS, WHETHER 
SUBJECT TO OR EXEMPT FROM THE TAX IMPOSED BY THIS SECTION. 



249 



Ord. 99-44 1 1 998- 1 999 SESSION 



(2) THE Director shall compute the proposed tax rate 
for the next rscal year by multiplying the sum of the revenues 
from taxable users for each classihcation of energy by 0.08, and 
then dividing that product by the sum of the units delivered to 
taxable users for that classification. the rates shall be included 
in the proposed operating budget submitted by the director to the 
Board of Estimates. 

(3) If a person, firm, or corporation that sells, 

distributes, or DELIVERS ENERGY FAILS TO PROVIDE THE CERTIFICATION 

required by paragraph ( 1 ) of this subsection, the director may use 
any reasonable data to establish a proposed rate of taxation. a 
determination made by the director is presumed valid. 

(4) After the adoption of the operating budget, the 
Director shall certify to each vendor the rates of tax for the 
nscal year as included in the adopted budget. 

(D) Collection. 

Each vendor shall itemize the tax on each bill and collect 
the tax from the user. the vendor has the same rights against the 
user for collection of the tax as it has for collection of the 
energy bill. 

(E) Remittance. 

By the 25™ DAY OF THE MONTH FOLLOWING A MONTH IN WHICH A 
TAX IS BILLED TO A USER , EACH VENDOR SHALL: 

( 1 ) HLE A RETURN WITH THE DIRECTOR, UNDER OATH AND ON A 
FORM PROVIDED BY THE DIRECTOR; AND 

(2) PAY THE AMOUNT OF TAX BILLED TO A USER DURING THE 
SECOND PRECEDING MONTH. 

(F) Failure TO REMIT TAX. 

Each vendor is individually liable for the taxes required to 
be remitted under this section. whenever a vendor fails to remit 
the tax within the time required, the director shall assess the 

VENDOR: 



250 



1 998- 1 999 Session Ord. 99-44 1 



( 1 ) THE AMOUNT OF TAX DUE; 

(2) INTEREST AT THE RATE OF 1 % PER MONTH OR ANY FRACTION 
OF A MONTH THE TAX REMAINS UNPAID; AND 

(3) A PENALTY OF 10% OF THE TAX DUE. 

(G) Refunds. 

( 1 ) Whenever a vendor is unable to collect an account 
receivable for which the tax has already been remitted, has 
charged off the account as worthless, and applies for a refund 

WITHIN 3 years FROM THE DATE THE TAX WAS REMITTED, THE DIRECTOR 
SHALL REFUND THE AMOUNT OF TAX PAID. 

( 1 )(I) If a VENDOR IS UNABLE TO COLLECT AN ACCOUNT 
RECEIVABLE FOR WHICH THE TAX ALREADY HAS BEEN REMITTED AND THE 
VENDOR HAS CHARGED OFF THAT ACCOUNT AS WORTHLESS, THE VENDOR 
MAY DEDUCT THE AMOUNT OF THE TAX FROM ITS MONTHLY REMITTANCE, 
SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH. 

(II) The VENDOR MUST: 

1 . BEFORE AVAILING ITSELF OF THIS PRIVILEGE, PROVIDE 

THE Director with a written statement of its policies governing the 
determination of worthless accounts; and 

2. as a condition of taking any deduction: 

a. keep records of every worthless account for 
which the vendor has taken a deduction; and 

b. make those records available to the 
director, on request. for review or collection efforts. 

(2) Whenever a tax imposed under this section has been 
erroneously, illegally, or unconstitutionally paid, the director 

shall REFUND THE TAX IF THE APPLICATION FOR REFUND IS MADE WITHIN 3 
YEARS FROM THE PAYMENT OF THE TAX AND STATES A PROPER GROUND FOR 
REFUND. 

(3) (I) Any PERSON, HRM, OR CORPORATION THAT HAS PAID THE 

TAX IMPOSED UNDER THIS SECTION FOR ANY ENERGY DELIVERED TO 



251 



Ord. 99-44 1 1 998- 1 999 Session 



RESIDENTIAL USERS OR TO COMBINED RESIDENTIAL AND COMMERCIAL USERS 
MAY APPLY ANNUALLY TO THE DIRECTOR FOR A REFUND OF THAT PORTION 
OF THE TAXES PAID IN EXCESS OF THE APPLICABLE RATE REASONABLY 
ALLOCABLE TO RESIDENTIAL USERS ONLY. 

(II) The APPLICATION SHALL BE SIGNED BY THE APPLICANT; 

shall contain a sworn afrdavit as to the truth and accuracy of 
the information set forth in it; and shall be hled not later than 
April 1 of each year and cover the preceding 1 2 months. Any 
application not received by april 1 in any particular year may not 
be given consider.ation. 

(III) The Director may refund that portion of the taxes 

DETERMINED TO HAVE BEEN PAID IN CONNECTION WITH ENERGY DELIVERED 
TO RESIDENTIAL USERS ONLY. 

(IV) THE DIRECTOR MAY ADOPT RULES AND REGULATIONS TO 
ASSIST IN MAKING THAT DETERMINATION. 

(V) Any refund shall be made from a reserve fund 

CREATED OUT OF A PORTION OF THE TAX RECEIPTS COLLECTED UNDER THIS 
SECTION, AND THE RESERVE FUND SHALL BE IN AN AMOUNT ESTIMATED TO BE 
SUFRCIENT TO PAY THE REFUNDS AUTHORIZED BY THIS PARAGRAPH. 

(H) Records. 

( 1 ) Each vendor shall keep complete and accurate records 
of all taxable deliveries of energy made directly to users, 
together with a record of the tax collected on them, and shall 
keep all invoices, bills of lading, and other pertinent records and 
exx:uments necessary to determine the amount of tax due. the 
records and other documents shall be available at all times 
during business hours for inspection and examination by the 
Director or other authorized agent of the City. 

(2) Whenever a vendor fails to keep records from which the 
tax imposed by this section may be accurately computed, the 
Director may make use of a factor developed by surveying other 
taxpayers of the same type or otherwise, compute the amount of 

TAX DUE, and THIS COMPUTATION SHALL BE PRIMA FACIE CORRECT. 



252 



998- 1 999 Session Ord. 99-44 1 



(I) Powers OF DIRECTOR. 

In addition to the powers granted to the Director elsewhere in 
this section, the director may: 

( 1 ) adopt rules and regulations necessary to collect the 

TAX; 

(2) DERNE ANY TERMS USED IN CONNECTION WITH THE COLLECTION 
OF THE TAX; 

(3) COMPROMISE DISPUTED CLAIMS IN CONNECTION WITH THE TAX; 

(4) FOR GOOD CAUSE SHOWN, REMIT INTEREST AND PENALTIES 
COLLECTED; 

(5) DELEGATE POWERS IN CONNECTION WITH THE COLLECTION OF 
THE TAX TO THE CiTY COLLECTOR OR ANY OTHER AGENT OR EMPLOYEE OF 

THE City; AND 

(6) FOR GOOD CAUSE SHOWN, EXTEND THE TIME OF FILING OF ANY 
RETURN FOR A REASONABLE PERIOD. 

(J) Penalty. 

Any vendor that violates any provision of this section is guilty 
of a misdemeanor and, on conviction, is subject to a rne of not 
more than $500 or imprisonment for not more than 6 months or 

BOTH. 

Section 2, And be it further ordained. That for the FiscalYear 
2000: 

(a) the tax rate imposed by § 55, as in effect before the enactment 
of this Ordinance, shall continue to be imposed on all energy deMvefed 
billed on or before S e ptemb e r 30 November 2, 1999; 

(b) on or before July 15, 1999, all persons, firms, and corporations 
described in § 56A(c)(l ) shall certify to the Director the information 
required by § 56A(c)(l): 



253 



Ord. 99-442 1 998- 1 999 SESSION 



(c) on or before September 1 , 1999, the Director shall compute the 
rate of tax for that fiscal year, as provided in § 56A(c)(2) and (3), and 
certify the rate to each vendor; and 

(d) the rate of tax so certified shall apply to all energy d e livered 
billed on and after Octob e r 1 November 3, 1999, through the end of that 
fiscal year. 

Section 2 3. And be it further ordained, That if any provision of 
this Ordinance or the application of it to any person or circumstance is held 
invalid for any reason in a court of competent jurisdiction, the invalidity 
does not affect other provisions or any other application of this Ordinance 
that can be given effect without the invalid provision or application, and for 
this purpose the provisions of this Ordinance are declared severable. 

Section 3 4. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 4 5. And be it further ordained, That this Ordinance 
takes effect on th e 30th day after the date it is enacted. 



Approved June 22, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-442 
Council Bill 99-1038 



An Ordinance Concerning 

Ordinance of Estimates for the Fiscal Year Ending June 30, 2000 

For the purpose of providing the appropriations estimated to be needed by 
each agency of the City of Baltimore for operating programs and capital 
projects during the fiscal 2000 year. 

By authority of 

Article VI - Board of Estimates 

Section 3 et seq. 

Baltimore City Charter (1996 Edition) 



254 



1 998- 1 999 Session Ord. 99-442 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following amounts or so much thereof as shall be 
sufficient are hereby appropriated subject to the provisions hereinafter set 
forth for the purpose of carrying out the programs included in the operating 
budget and the projects listed in the capital budget from the amounts 
estimated to be available in the designated funds during the fiscal year 
ending June 30, 2000. 



A. OPERATE^G BUDGET 

Board of Elections 

1 80 Voter Registration and Conduct of Elections 

General Fund Appropriation $ 3,079,428 

City Council 

100 City Legislation 

General Fund Appropriation $ 3,331,999 

Community Relations Commission 

156 Development of Intergroup Relations 

General Fund Appropriation $ 753,964 

Federal Fund Appropriation $ 86,164 

Comptroller 

130 Executive Direction and Control 

General Fund Appropriation $ 51 1,146 

131 Audits 

General Fund Appropriation $ 3,046,566 

132 Real Estate Acquisition and Management 

General Fund Appropriation $ 499,997 

135 Insurance on City Facilities 

General Fund Appropriation $ 63,263 

Council Services 

103 Council Services 

General Fund Appropriation $ 400,307 

Courts: Circuit Court 

110 Circuit Court 



255 



Ord. 99-442 1 998- 1 999 Session 



General Fund Appropriation $ 7,533,122 

Federal Fund Appropriation $ 518,301 

State Fund Appropriation $ 2,212,543 

Courts: Orphans' Court 

112 Orphans' Court 

General Fund Appropriation $ 345,013 

Employees' Retirement Systems 

152 Administration, Employees' Retirement System 

Special Fund Appropriation $ 3,361,839 

Enoch Pratt Free Library 

450 Administrative and Technical Services 

General Fund Appropriation $ 4,688,090 

State Fund Appropriation $ 264,934 

Special Fund Appropriation $ 529,499 

452 Extension Services 

General Fund Appropriation $ 8,473,146 

Special Fund Appropriation $ 384,419 

453 State Library Resource Center 

General Fund Appropriation $ 5,254,420 

State Fund Appropriation $ 3,732,243 

Finance 

140 Administrative Direction and Control 

General Fund Appropriation $ 516,541 

141 Budget and Management Research 

General Fund Appropriation $ 1 ,062,620 

1 42 Accounting and Payroll Services 

General Fund Appropriation $ 2,069,256 

L & G Fund Appropriation $ 3,371,497 

144 Purchasing 

General Fund Appropriation $ 2,735,949 

147 Information Technology Services 

General Fund Appropriation $ 4,376,504 



256 



1 998- 1 999 Session Ord. 99-442 



150 Treasury Management 

General Fund Appropriation $ 1,200,01 1 

Fire 

210 Administrative Direction and Control 

General Fund Appropriation $ 1,870,917 

211 Training 

General Fund Appropriation $ 733,976 

212 Fire Suppression 

General Fund Appropriation $ 74,259,753 

Federal Fund Appropriation $ 100,000 

213 Fire Marshal 

General Fund Appropriation $ 2,183,770 

Federal Fund Appropriation $ 20,000 

214 Support Services 

General Fund Appropriation $ 5,224,569 

State Fund Appropriation $ 1,028,000 

215 Fire Alarm and Communications 

General Fund Appropriation $ 3,456,836 

Federal Fund Appropriation $ 15,000 

219 Non-actuarial Retirement Benefits 

General Fund Appropriation $ 447,000 

319 Ambulance Service 

General Fund Appropriation $ 6,975,315 

Federal Fund Appropriation $ 50,000 

State Fund Appropriation $ 20,000 

Special Fund Appropriation $ 3,665,426 

Health 

240 Animal Control 

General Fund Appropriation $ 1,593,443 

Special Fund Appropriation $ 187,021 

300 Administrative Direction and Control 

General Fund Appropriation $ 2,584,672 



257 



Ord. 99-442 1 998- 1 999 SESSION 



Federal Fund Appropriation $ 7,000 

State Fund Appropriation $ 57,868 

302 Environmental Health 

General Fund Appropriation $ 2,286,023 

Federal Fund Appropriation $ 1,602,591 

State Fund Appropriation $ 362,614 

303 Special Purpose Grants 

Special Fund Appropriation $ 2,000,000 

304 Communicable Disease 

General Fund Appropriation $ 3,381,030 

Federal Fund Appropriation $ 22,704,125 

State Fund Appropriation $ 655,677 

Special Fund Appropriation $ 59,999 

305 Maternal and Infant Services 

General Fund Appropriation $ 1,095,124 

Federal Fund Appropriation $ 5,384,706 

State Fund Appropriation $ 597,573 

306 General Nursing Services 

General Fund Appropriation $ 1,358,039 

Federal Fund Appropriation $ 269,806 

State Fund Appropriation $ 4,282,598 

307 Mental Health Services 

General Fund Appropriation $ 1,562,074 

Federal Fund Appropriation $ 17,593,667 

State Fund Appropriation $ 4,902,000 

308 Child, Adolescent and Family Health 

General Fund Appropriation $ 608,979 

Federal Fund Appropriation $ 9,282,589 

State Fund Appropriation $ 1,278,745 

Special Fund Appropriation $ 432,497 

310 School Health Services 

General Fund Appropriation $ 3,728,513 

Federal Fund Appropriation $ 6,039,540 

State Fund Appropriation $ 6,977,988 



258 



L 



1 998- 1 999 Session Ord. 99-442 



311 Health Services for the Aging 

General Fund Appropriation $ 193,718 

Federal Fund Appropriation $ 44,654,899 

State Fund Appropriation $ 858,955 

Special Fund Appropriation $ 25,000 

Housing and Community Development 

1 19 Neighborhood Service Centers 

General Fund Appropriation $ 59,969 

Federal Fund Appropriation $ 2,419,240 

State Fund Appropriation $ 2,532,946 

177 Administrative Direction and Control 

General Fund Appropriation $ 2,168,453 

Federal Fund Appropriation $ 1,678,164 

State Fund Appropriation $ 40,000 

Special Fund Appropriation $ 538,765 

184 Energy Assistance and Emergency Food 

State Fund Appropriation $ 7,472,672 

260 Construction and Building Inspection 

General Fund Appropriation $ 3,124,230 

Federal Fund Appropriation $ 515,899 

Special Fund Appropriation $ 1 ,000,000 

357 Services for Homeless Persons 

General Fund Appropriation $ 48,189 

Federal Fund Appropriation $ 20,846,702 

State Fund Appropriation $ 2,3 1 1 ,630 

570 Preservation of Historic Places 

General Fund Appropriation $ 286, 1 8 1 

Federal Fund Appropriation $ 167,032 

582 Finance and Development 

General Fund Appropriation $ 621,371 

Federal Fund Appropriation $ 2,460,597 

583 Neighborhood Services 

General Fund Appropriation $ 4,836,719 

Federal Fund Appropriation $ 1,513,953 



259 



Ord. 99-442 1 998- 1 999 SESSION 



State Fund Appropriation $ 68,000 

Special Fund Appropriation $ 2,600,000 

585 Baltimore Development Corporation 

General Fund Appropriation $ 2,629,070 

Federal Fund Appropriation $ 400,000 

Special Fund Appropriation $ 1 10,000 

592 Special Housing Grants 

Federal Fund Appropriation $ 471,907 

State Fund Appropriation $ 750,380 

593 Community Support Projects 

Federal Fund Appropriation $ 10,645,272 

597 Weatherization 

State Fund Appropriation $ 854,070 

604 Child Care Centers 

Federal Fund Appropriation $ 1,495,241 

605 Head Start 

Federal Fund Appropriation $ 18,868,005 

606 Arts and Education 

State Fund Appropriation $ 78,610 

Law 

175 Legal Services 

General Fund Appropriation $ 4,133,038 

Legislative Reference 

106 Legislative Reference Services 

General Fund Appropriation $ 500,368 

Special Fund Appropriation $ 1 1,400 

107 Archives and Records Management 

General Fund Appropriation S 223,713 

Liquor License Board 

250 Liquor Control 

General Fund Appropriation $ 1 ,395,217 



260 



1 998- 1 999 Session Ord. 99-442 



Mayoralty 

125 Executive Direction and Control 

General Fund Appropriation $ 3,281,796 

127 Office of State Relations 

General Fund Appropriation $ 456,202 

350 Office of Children, Youth and Families 

General Fund Appropriation $ 375,279 

State Fund Appropriation $ 1,1 10,500 

Special Fund Appropriation $ 33,564 

353 Office of Community Projects 

General Fund Appropriation $ 260,917 

599 Office of International Programs 

General Fund Appropriation $ 143,293 

M-R: Art and Culture 

492 Promotion of Art and Culture 

General Fund Appropriation $ 563,698 

Federal Fund Appropriation $ 5,000 

State Fund Appropriation $ 54,888 

Special Fund Appropriation $ 332,758 

493 Art and Culture Grants 

General Fund Appropriation $ 3,193,815 

M-R: Cable and Communications 

572 Cable and Communications Coordination 

General Fund Appropriation $ 266,660 

Special Fund Appropriation $ 210,000 

M-R: Civic Promotion 

590 Civic Promotion 

General Fund Appropriation $ 7,945,000 

M-R: Commission on Aging 

324 Aging and Retirement Education 

General Fund Appropriation $ 671,765 

Motor Vehicle Appropriation $ 325,000 

Federal Fund Appropriation $ 6,105,122 



261 



Ord. 99-442 1 998- 1 999 SESSION 



State Fund Appropriation $ 3,518,142 

Special Fund Appropriation $ 376,705 

M-R: Conditional Purchase Agreement 

129 Conditional Purchase Agreement Payments 

General Fund Appropriation $ 17,629,955 

L & G Fund Appropriation $ 717,503 

Special Fund Appropriation $ 7,900 

M-R: Contingent Fund 

121 Contingent Fund 

General Fund Appropriation $ 750,000 

M-R: Convention Complex 

53 1 Convention Center Operations 

Convention Center Bond $ 4,636,000 

General Fund Appropriation $ 9,392,083 

State Fund Appropriation $ 3,634,166 

540 Baltimore Arena Operations 

General Fund Appropriation $ 650,000 

M-R: Debt Service 

123 General Debt Service 

General Fund Appropriation $ 45,052,037 

Motor Vehicle Appropriation $ 5,678,236 

M-R: Educational Grants 

446 Educational Grants 

General Fund Appropriation $ 91 1,102 

M-R: Environmental Control Board 

1 17 Environmental Control 

General Fund Appropriation $ 303,814 

M-R: Health and Welfare Grants 

385 Health and Welfare Grants 

General Fund Appropriation $ 78,736 

M-R: Labor Commissioner 

128 Labor Relations 

General Fund Appropriation $ 497,541 



262 



1 998- 1 999 Session Ord. 99-442 



Federal Fund Appropriation $ 1 50,000 

State Fund Appropriation $ 150,000 

M-R: Local Share to City Schools 

352 Local Share to City Schools 

General Fund Appropriation $ 200,336,029 

M-R: Miscellaneous General Expenses 

122 Miscellaneous General Expenses 

General Fund Appropriation $ 6,398,349 

Motor Vehicle Appropriation $ 3,654,000 

M-R: Office of Criminal Justice 

224 Office of Criminal Justice 

General Fund Appropriation $ 885,985 

Federal Fund Appropriation $ 2,804,578 

State Fund Appropriation $ 128,000 

Special Fund Appropriation $ 315,000 

M-R: Office of Employment Development 

630 Administration (Title I) 

General Fund Appropriation $ 251 ,379 

63 1 Job Training Partnership (Titles U/UI) 

Federal Fund Appropriation $ 13,788,205 

633 Youth Initiatives 

Federal Fund Appropriation $ 3,849,106 

639 Special Services 

General Fund Appropriation $ 805,549 

Federal Fund Appropriation $ 15,695,407 

State Fund Appropriation $ 3,328,954 

M-R: Retirees' Benefits 

351 Retirees' Benefits 

General Fund Appropriation $ 51,207,000 

M-R: Self-insurance Fund 

126 Contribution to Self-insurance Fund 

General Fund Appropriation $ 19,234,356 

Motor Vehicle Appropriation $ 5,462,419 



263 



Ord. 99-442 



1998-1999 Session 



Municipal and Zoning Appeals 

1 85 Zoning, Tax and Other Appeals 

General Fund Appropriation $ 323,309 

Museum of Art 

489 Operation of Museum of Art 

General Fund Appropriation $ 3,000,000 

Personnel 

160 Personnel Administration 

General Fund Appropriation $ 1,838,695 

167 Occupational Medicine and Safety 

General Fund Appropriation $ 528,137 

Planning 

187 City Planning 

General Fund Appropriation $ 1,124,568 

Motor Vehicle Appropriation $ 765,639 

Federal Fund Appropriation $ 617,568 

State Fund Appropriation $ 65,000 

Police 

200 Administrative Direction and Control 

General Fund Appropriation $ 13,490,470 

201 Field Operations Bureau 

General Fund Appropriation $ 127,915,450 

Federal Fund Appropriation $ 9,764,904 

State Fund Appropriation $ 7,478,319 

Special Fund Appropriation $ 201,700 

202 Investigations 

General Fund Appropriation $ 23,369,315 

Federal Fund Appropriation $ 2,579,660 

Special Fund Appropriation $ 620,000 

203 Traffic 

Motor Vehicle Appropriation $ 9,683,842 

State Fund Appropriation $ 22,000 



264 



1 998- 1 999 Session Ord. 99-442 



204 Services Bureau 

General Fund Appropriation $ 22,969,741 

Special Fund Appropriation $ 1,808,790 

205 Non-actuarial Retirement Benefits 

General Fund Appropriation $ 6,020,304 

207 Research and Development 

General Fund Appropriation $ 5,372,990 

Public Works 

190 Departmental Administration 

Motor Vehicle Appropriation $ 1,120,1 15 

191 Permits 

Motor Vehicle Appropriation $ 807,455 

193 Building Maintenance 

General Fund Appropriation $ 20,699,590 

195 Towing 

General Fund Appropriation $ 342,349 

Motor Vehicle Appropriation $ 5,019,526 

State Fund Appropriation $ 20,140 

198 Engineering/Construction Mgt. 

General Fund Appropriation $ 290,332 

Motor Vehicle Appropriation $ 1,303,626 

230 Bureau Administration 

Motor Vehicle Appropriation $ 7,223,474 

23 1 Traffic Engineering 

Motor Vehicle Appropriation $ 3,033,909 

232 Parking Management 

Federal Fund Appropriation $ 77,769 

Parking Management Fund Appropriation .... $ 3,795,176 

233 Signs & Markings 

Motor Vehicle Appropriation $ 3,889,985 

State Fund Appropriation $ 16,694 



265 



Ord. 99-442 1 998- 1 999 SESSION 



235 Parking Enforcement 

Parking Management Fund Appropriation .... $ 4,688,824 

239 Traffic Computer & Communications 

Motor Vehicle Appropriation $ 2,145,596 

500 Street Lighting 

Motor Vehicle Appropriation $ 15,733,442 

501 Highway Maintenance 

General Fund Appropriation $ 2,978,356 

Motor Vehicle Appropriation $ 28,896,354 

503 Highway Engineering 

Motor Vehicle Appropriation $ 1,528,031 

505 Park and Street Trees 

Motor Vehicle Appropriation $ 2,276,319 

State Fund Appropriation $ 1 0,000 

5 1 3 Solid Waste Maintenance 

General Fund Appropriation $ 343,493 

Motor Vehicle Appropriation $ 24,685,580 

5 1 5 Solid Waste Collection 

General Fund Appropriation $ 13,642,554 

Motor Vehicle Appropriation $ 1,572,747 

Special Fund Appropriation $ 996,046 

5 1 6 Solid Waste Disposal 

General Fund Appropriation $ 15,273,787 

Motor Vehicle Appropriation $ 1,766,309 

5 1 8 Storm Water Maintenance 

Motor Vehicle Appropriation $ 3,692,396 

544 Sanitary Maintenance 

Waste Water Utility Fund Appropriation $ 1 1,698,479 

546 Water Maintenance 

Water Utility Fund Appropriation $ 23,853,887 



266 



1 998- 1 999 Session Ord. 99-442 



548 Conduits 

General Fund Appropriation $ 2,055,526 

550 Waste Water Facilities 

Waste Water Utility Fund Appropriation $ 79,086,989 

552 Water Facilities 

Water Utility Fund Appropriation $ 25,402,822 

553 Water Engineering 

Water Utility Fund Appropriation $ 8,761,545 

554 Waste Water Engineering 

Waste Water Utility Fund Appropriation $ 13,403,846 

555 Environmental Services 

Waste Water Utility Fund Appropriation $ 3,076,127 

Water Utility Fund Appropriation $ 653,710 

560 Facilities Engineering 

Waste Water Utility Fund Appropriation $ 646,033 

Water Utility Fund Appropriation $ 310,1 14 

561 Utility Billing 

Water Utility Fund Appropriation $ 7,478,513 

565 Utility Debt Service 

Waste Water Utility Fund Appropriation $ 1 1 ,47 1 ,526 

Water Utility Fund Appropriation $ 13,587,409 

580 Parking Enterprise Facilities 

Parking Enterprise Fund Appropriation $ 15,216,000 

Recreation and Parks 

471 Administrative Direction and Control 

General Fund Appropriation $ 1,417,936 

473 Municipal Concerts and Other Musical Events 

General Fund Appropriation $ 59,698 

478 General Park Services 

General Fund Appropriation $ 2,593,867 

State Fund Appropriation $ 1,199,933 



267 



Ord. 99-442 1 998- 1 999 Session 



479 Special Facilities 

General Fund Appropriation $ 1,399,142 

State Fund Appropriation $ 1 14,838 

Special Fund Appropriation $ 125,295 

480 Regular Recreational Services 

General Fund Appropriation $ 8,6 11, 887 

State Fund Appropriation $ 197,050 

Special Fund Appropriation $ 12,630 

482 Supplementary Recreational Services 

State Fund Appropriation $ 1,623,413 

Special Fund Appropriation $ 615,467 

Sheriff 

1 1 8 Sheriff Services 

General Fund Appropriation $ 6,824,415 

Social Services 

365 Public Assistance 

General Fund Appropriation $ 270,000 

State's Attorney 

1 1 5 Prosecution of Criminals 

General Fund Appropriation $ 14,508,282 

Federal Fund Appropriation $ 1,057,108 

State Fund Appropriation $ 1,196,699 

Special Fund Appropriation $ 97,317 

Wage Commission 

165 Wage Enforcement 

General Fund Appropriation $ 490,616 

War Memorial Commission 

487 Operation of War Memorial Building 

General Fund Appropriation $ 275,240 



268 



1 998- 1 999 Session Ord. 99-442 

Internal Service Fund Authorization 
Comptroller, Department of 

130 Executive Direction and Control 

An internal service fund is hereby authorized to provide for the 
administration of the Municipal Telephone Exchange and the Municipal 
Post Office, the cost of which is to be recovered from using agencies. 

133 Municipal Telephone Exchange 

An internal service fund is hereby authorized to provide for operation of a 
Municipal Telephone Exchange, the costs of which are to be recovered from 
using agencies. 

136 Municipal Post Office 

An internal service fund is hereby authorized to provide for operation of a 
Municipal Post Office, the costs of which are to be recovered from using 
agencies. 

Finance, Department of 

142 Bureau of Accounting and Management Information Services 

An internal service fund is hereby authorized to provide for accounting 
services of the Mobile Equipment Program, the costs of which are to be 
recovered from using agencies. 

144 Purchasing 

An internal service fund is hereby authorized to provide for operation of a 
Municipal Reproduction and Printing Service, the costs of which are to be 
recovered from using agencies. 

An internal service fund is hereby authorized to provide for Centralized 
Automotive Parts Warehousing and Inventory, the costs of which are to be 
recovered from using agencies. 

145 Risk Management Services 

An internal service fund is hereby authorized to provide for the operation of 
the Risk Management Office, the costs of which are to be recovered from 
the Self-Insurance Fund. 



269 



Ord. 99-442 1 998- 1 999 SESSION 



Law, Department of 

175 Legal Services 

An internal service fund is hereby authorized to provide for a Self-Insurance 
Program Covering Automotive Equipment, Police Animal Liability and 
Employee Liability, the costs of which are to be recovered from the Self- 
Insurance Fund. 

Personnel, Department of 

160 Personnel Administration 

An internal service fund is hereby authorized to provide for the operation of 
the Unemployment Insurance Function, the costs of which are to be 
recovered from contributions from various Fund sources. 

161 Vision Care Program 

An internal service fund is hereby authorized to provide for the operation of 
an Employee Vision Care Program, the costs of which are to be recovered 
from contributions from various Fund sources. 

Public Works, Department of 

189 Fleet Management 

An internal service fund is hereby authorized to provide for operation of a 
Central Automotive and Mechanical Repair Service, the costs of which are 
to be recovered from using agencies. 

198 Building Engineering 

An internal service fund is hereby authorized to provide for inspection of 
construction or alterations of City-owned buildings, the costs of which are 
to be recovered from capital project appropriations or using agencies. 

230 Bureau Administration (Transportation) 

An internal service fund is hereby authorized to provide for testing of 
materials and inspection services of highway construction and 
reconstruction projects, the costs of which are to be recovered from capital 
project appropriations. 

500 Street Lighting 

An internal service fund is hereby authorized to provide for operation of a 
City-owned Two-way Radio System, the costs of which are to be recovered 
from using agencies. 



270 



1 998- 1 999 Session Ord. 99-442 



553 Water Engineering 

An internal service fund is hereby authorized to provide for inspection 
service for the construction or alteration of the City's water system, the costs 
of which are to be recovered from capital project appropriations. 

560 Facilities Engineering 

An internal service fund is hereby authorized to provide for inspection 
service for Municipal Facilities, the costs of which are to be recovered from 
capital project appropriations. 



B. Capital Budget 

Section 2. And be it further ordained. That the Capital 
Improvement Appropriations herein made are for the following 
Construction Projects provided that the appropriations will be placed in 
Construction Reserve accounts at the beginning of the fiscal year and 
transferred by the Board of Estimates to Construction Accounts as project 
funds are needed. 

Baltimore Development Corporation 

601-256 Cold Spring Business Park - Development 

General Obligation Bond Appropriation $ 500,000 

601-451 Carroll Industrial Area 

General Obligation Bond Appropriation $ 500,000 

601-468 Fairfield Industrial Area - Improvements 

General Obligation Bond Appropriation $ 500,000 

601-570 East Baltimore Industrial Area 

General Obligation Bond Appropriation $ 1 ,000,000 

601-573 Fayette Street Development 

General Obligation Bond Appropriation $ 1,000,000 

601-858 Future Baltimore Development Projects 

General Obligation Bond Appropriation $ 3,500,000 

601-859 Development Projects - Site Improvements 

Sale Of City Real Property Appropriation $ 2,500,000 



271 



Ord. 99-442 1 998- 1 999 SESSION 



601-860 Industrial and Commercial Financing 

General Obligation Bond Appropriation $ 1,000,000 

601-873 Brownfields Remediation Fund 

General Obligation Bond Appropriation $ 500,000 

601-875 Technology Initiatives 

General Obligation Bond Appropriation $ 1,000,000 

603-707 UMAB/Market Center Neighborhoods 

General Obligation Bond Appropriation $ 500,000 

603-821 Parking Garage Development 

General Obligation Bond Appropriation $ 500,000 

603-825 West Side Downtown 

General Obligation Bond Appropriation $ 500,000 

Education, Department Of 

417-200 Systemic Improvements (Fiscal Year 2000) 

General Obligation Bond Appropriation $ 1,129,000 

State School Grant Appropriation $ 10,636,000 

Certificate Of Participation Appropriation $ 2,000,000 

Other Fund Appropriation $ 5,595,000 

418-007 Cecil Elementary School #7 

General Obligation Bond Appropriation $ 3,569,000 

State School Grant Appropriation $ 1,896.000 

418-012 Lakeland Elementary/Middle School #12 

General Obligation Bond Appropriation $ 2,425,000 

State School Grant Appropriation $ 4,070,000 

418-019 Lexington Terrace # 1 9 

General Obligation Bond Appropriation $ 384,000 

418-020 School Construction - Asbestos Removal 

General Obligation Bond Appropriation $ 1,210,000 

41 8-026 Madison Square Elementary #026 

General Obligation Bond Appropriation $ 272,000 



272 



1 998- 1 999 Session Ord. 99-442 



418-085 Fort Worthington #085 

General Obligation Bond Appropriation $ 292,000 

418-410 Mergenthaler Vocat./Tech. High School #410 

General Obligation Bond Appropriation $ 2,000,000 

State School Grant Appropriation $ 7,000,000 

418-413 Harbor City Learning Center #413 

General Obligation Bond Appropriation $ 719,000 

4 1 8-457 Laurence G. Paquin #457 

State School Grant Appropriation $ 2,028,000 

Other Private Fund And Grant Appropriation $ 573,000 

Finance, Department Of 

146-026 Information Technology Board Strategic Plan 

General Fund Debt Restructuring Appropriation $ 1,1 13,000 

Waste Water Utility Fund Appropriation $ 311 ,000 

Water Utility Fund Appropriation $ 164,000 

Water Utility Fund Debt Restructuring Appropriation $ 98,000 

Motor Vehicle Fund Debt Restructuring Appropriation ... $ 865,000 

Fire Department 

208-026 Communication System - Modernization 

General Fund Appropriation $ 3,000,000 

208-028 Fire Apparatus - Replacement 

General Fund Appropriation $ 2,100,000 

Housing And Community Development, Department Of 

588-001 CDBG Program 

Community Development Block Grant Deappropriation ... $ (4,359,000) 

588-255 Cylbum Meadows Housing Development 
Urban Development Action Grant Repayment 

Appropriation $ 500,000 

588-283 Pimlico Race Track Impact Program 

State Race Track Grant Appropriation $ 500,000 



273 



Ord. 99-442 1 998- 1 999 Session 



588-320 Public Housing U - 108 

Other Federal Fund Appropriation $ 7,000,000 

588-336 Sandtown 600 - 108 Loan 

Community Development Block Grant Appropriation .... $ 6,540,000 

588-337 Sandtown Edi/Hz 

Community Development Block Grant Appropriation .... $ 1,500,000 

588-355 Franklin Place Elderly Housing 
Urban Development Action Grant Repayment 

Appropriation $ 900,000 

588-519HEBCAC108 

Community Development Block Grant Appropriation .... $ 1 ,500,000 

588-616 Nehemiahm 

Community Development Block Grant Appropriation .... $ 1,569,000 

588-715 HOPWA 

Other Federal Fund Appropriation $ 500,000 

588-777 Volunteers of America 

Community Development Block Grant Appropriation .... $ 600,000 

588-802 City Housing Assistance Program Loans 

Community Development Block Grant Appropriation .... $ 300,000 

588-803 Deferred Loan Program 

Community Development Block Grant Appropriation .... $ 500,000 

588-805 Settlement Expense Loan Program 

General Obligation Bond Appropriation $ 3,000,000 

588-810 Direct Homeownership Assistance Program 

General Obligation Bond Appropriation $ 1,000,000 

Community Development Block Grant Appropriation .... $ 800,000 

588-817 Annual Home Sale 

General Obligation Bond Appropriation $ 250,000 

Community Development Block Grant Appropriation .... $ 200.000 



274 



1 998- 1 999 Session Ord. 99-442 



588-828 Live-Near- Your- Work 

General Obligation Bond Appropriation $ 350,000 

588-830 Approachway Improvements 

General Obligation Bond Appropriation $ 100,000 

588-837 Facade Loan Program 

General Obligation Bond Appropriation $ 300,000 

588-838 Business Assistance Group 

General Obligation Bond Appropriation $ 350,000 

588-848 Home Program 

General Obligation Bond Appropriation $ 3,500,000 

588-849 Partnership Rental Project 

General Obligation Bond Appropriation $ 1 ,500,000 

General Fund Appropriation $ 3,000,000 

588-852 Rental Rehabilitation 

Other Federal Fund Appropriation $ 100,000 

588-853 Vacant House Demolition 

General Obligation Bond Appropriation $ 1,500,000 

Community Development Block Grant Appropriation .... $ 1,000,000 

588-858 Class B Office Conversion 

General Obligation Bond Appropriation $ 2,000,000 

588-887 Emergency Acquisition Fund 

General Obligation Bond Appropriation $ 250,000 

588-888 Hardship Home Repair for the Elderly 

Community Development Block Grant Appropriation .... $ 200,000 

588-889 Roof Repair or Replacement for Elderly 

General Fund Appropriation $ 1 ,000,000 

588-893 Neighborhood Services and Improvement Prog 

General Obligation Bond Appropriation $ 500,000 

Sale Of City Real Property Appropriation $ 500,000 

Urban Development Action Grant Repayment 

Appropriation $ 500,000 



275 



Ord. 99-442 1 998- 1 999 Session 



588-894 Neighborhood Incentive Program 

General Obligation Bond Appropriation $ 300,000 

588-895 Geographic Information System Mapping 

Community Development Block Grant Appropriation ... $ 50,000 

588-901 Great Blacks in Wax Museum 

General Obligation Bond Appropriation $ 1,000,000 

588-920 Street Trees 

General Obligation Bond Appropriation $ 100,000 

588-955 Bromo Tower Redevelopment 
Urban Development Action Grant Repayment 

Appropriation $ 170,000 

Library, Enoch Pratt Free 

457-024 Central Library - Expansion 

Other State Fund Appropriation $ 9,693,000 

457-029 Isdn/Fiber Installation 

General Obligation Bond Appropriation $ 250,000 

Other Private Fund And Grant Appropriation $ 50,000 

457-200 Library Facilities - Modernization 

General Obligation Bond Appropriation $ 750,000 

General Fund Appropriation $ 250,000 

Mayoralty 

127-034 Citywide Facilities Improvements 

General Fund Deappropriation $ (35,000) 

127-115 Walters Art Gallery - 1 974 Wing Renovation 

General Obligation Bond Appropriation $ 1,000,000 

Other Federal Fund Appropriation $ 225,000 

Other State Fund Appropriation $ 500,000 

County Grant Appropriation $ 190,000 

Other Private Fund And Grant Appropriation $ 3.500,000 

127-120 Balto. Neighborhood Recreation Facilities 

General Fund Deappropriation $ (59,000) 



276 



1 998- 1 999 Session Ord. 99-442 



127-136 Museum Of Industry - Tank Farm 

Other Federal Fund Appropriation $ 470,000 

Other Private Fund And Grant Appropriation $ 100,000 

127-137 Maryland Science Center-Discover The Wonder 

Other State Fund Appropriation $ 500,000 

127-141 Museum of Industry - Waterfront Promenade 

General Fund Appropriation $ 50,000 

Other State Fund Appropriation $ 50,000 

Other Private Fund And Grant Appropriation $ 200,000 

127-142 Museum of Industry - Renovation 

Other Federal Fund Appropriation $ 100,000 

Other State Fund Appropriation $ 100,000 

Other Private Fund And Grant Appropriation $ 150,000 

127-143 Museum of Industry - Renovation Bldg. 1425 

Other State Fund Appropriation $ 100,000 

County Grant Appropriation $ 50,000 

Other Private Fund And Grant Appropriation $ 177,000 

127-145 Baltimore Arena Feasibility Study 

General Fund Appropriation $ 350,000 

127-146 Center Stage Theater - Renovations 

Other State Fund Appropriation $ 250,000 

127-147 Meyerhoff Symphony Hall - Renovation 

General Obligation Bond Appropriation $ 1,000,000 

127-149 Maryland Historical Society - Renovation 

Other State Fund Appropriation $ 750,000 

127-150 Living Classroom - Maritime Park 

Other State Fund Appropriation $ 250,000 

127-151 Y2K Contingency Planning 

General Fund Appropriation $ 1 ,000,000 

127-306 State Attorney Information Technology Proj. 

General Fund Appropriation $ 1 ,000,000 

Other State Fund Appropriation $ 500,000 



277 



Ord. 99-442 1 998- 1 999 Session 



1 29-034 Construction Reserve - City Wide Facilities 

General Fund Deappropriation $ (150,000) 

483-014 Baltimore Zoo - Watering Hole 

Other Private Fund And Grant Appropriation $ 221,000 

483-034 Baltimore Zoo Infrastructure 

Other State Fund Appropriation $ 475,000 

524-034 Cross Street Market (Floors) 

General Fund Appropriation $ 74,000 

Water Utility Fund Appropriation $ 76,000 

524-035 Cross Street Market (Compactor Enclosure) 

General Fund Appropriation $ 1 00,000 

524-038 Northeast Market (Floor) 

General Fund Appropriation $ 158,000 

Other Private Fund And Grant Appropriation $ 142,000 

529-035 Aquarium Rainforest Riverbank 

Other Private Fund And Grant Appropriation $ 2,050,000 

529-038 Aquarium Major Building Expansion 

Other Private Fund And Grant Appropriation $ 600,000 

529-048 Aquarium Changing Exhibit #3 - Seahorses 

Other Private Fund And Grant Appropriation $ 60,000 

529-049 Aquarium Changing Exhibit #4 

Other Private Fund And Grant Appropriation $ 60,0(X) 

529-053 Chilled Water System 

Other Private Fund And Grant Appropriation $ 250,000 

529-056 Rainforest Glazing Replacement 

Other Private Fund And Grant Appropriation $ 350,000 

529-057 Pier 3 HVAC Renovation 

Other Private Fund And Grant Appropriation $ 2,275,000 

529-063 Pier 3/Pier 4 Diagonal Bridge 

Other Private Fund And Grant Appropriation $ 550,000 



278 



1 998- 1 999 Session Ord. 99-442 



541-019 Baltimore Arena - Emergency Repairs 

General Fund Appropriation $ 500,000 

Museum Of Art 

488-009 Museum Of Art - Roof Replacement 

Other Private Fund And Grant Appropriation $ 87,000 

488-020 Museum Of Art - Entrance Reconfiguration 

General Obligation Bond Appropriation $ 1 ,000,000 

Other State Fund Appropriation $ 1,934,000 

Other Private Fund And Grant Appropriation $ 934,000 

Office Of Employment Development 

641-005 Maryland Avenue Campus Renovation - Phase 2 

General Fund Appropriation $ 52,000 

641-006 Maryland Avenue Campus Renovation - Phase 3 

General Fund Appropriation $ 250,000 

Planning, Department Of 

188-003 GIS Mapping 

Waste Water Utility Fund Appropriation $ 25,000 

Water Utility Fund Appropriation $ 25,000 

City Motor Vehicle Fund Appropriation $ 25,000 

188-004 Critical Area Buffer Offset Program 

Critical Area Buffer Offset Fund Appropriation $ 300,000 

188-005 Critical Area Stormwater Management Program 

Critical Area Stormwtr Management Fund Appropriation . . $ 370,000 

Police Department 

206-023 Telecommunications Cabling 

General Fund Appropriation $ 525,000 

206-300 Police Athletic League (PAL) Centers 

General Fund Appropriation $ 1 ,200,000 

Other State Fund Appropriation $ 400,000 



279 



Ord. 99-442 1 998- 1 999 Session 



206-500 Police Academy 

General Obligation Bond Appropriation $ 1,000,000 

Public Works, Department Of 

194-012 Arts Tower Restoration 

General Fund Deappropriation $ (300,000) 

197-092 Public Buildings Roof Replacement Program 

General Fund Appropriation $ 1 ,050,000 

197-093 Heating And Air Conditioning System Upgrade 

General Fund Appropriation $ 750,000 

197-134 Asbestos Management Program 

General Obligation Bond Appropriation $ 1,000,000 

General Fund Appropriation $ 480,000 

197-137 Facility Accessibility Modifications 

General Fund Appropriation $ 500,000 

1 97-807 Memorial Stadium Demolition 

Other State Fund Appropriation $ 24,150,000 

504-100 Footway Paving Construction Reserve 

City Motor Vehicle Fund Appropriation $ 100,000 

Private Payments - Sidewalks Appropriation $ 1,250,000 

504-200 Alley Paving Construction Reserve 

City Motor Vehicle Fund Appropriation $ 1 ,000,000 

Private Payments - Alleys Appropriation $ 1,000,000 

504-300 Sidewalks Damaged By Tree Roots - Repairs 

City Motor Vehicle Fund Appropriation $ 494,000 

507-001 Federal Aid Construction Reserve 

City Motor Vehicle Fund Appropriation $ 375,000 

Lease Income Appropriation $ 375,000 

507-313 Enhancement Construction Reserve 

Federal Transportation Enhancement Grant Appropriation . $ 2,500,000 



280 



1 998- 1 999 Session Ord. 99-442 



507-337 U.S. Route 40 West Landscaping 
Federal Transportation Enhancement Grant 

Appropriation $ 165,000 

City Motor Vehicle Fund Appropriation $ 165,000 

507-427 Empowerment Zone Transportation Improvement 

Federal Highway Transportation Fund Appropriation $ 2,800,000 

City Motor Vehicle Fund Appropriation $ 1,772,000 

507-428 Jones Falls/Penn Station Trail Access 

Federal Highway Transportation Fund Appropriation $ 162,000 

City Motor Vehicle Fund Appropriation $ 41,000 

507-900 Federal Aid Resurfacing/Reconstruction 

Federal Highway Transportation Fund Appropriation $ 4,500,000 

City Motor Vehicle Fund Appropriation $ 900,000 

508-049 Hillsdale Road Extension 

City Motor Vehicle Fund Appropriation $ 250,000 

508-055 Deepdene Road Retaining Wall 

City Motor Vehicle Fund Appropriation $ 50,000 

508-067 MSU Area Street Enhancements 

City Motor Vehicle Fund Appropriation $ 285,000 

508-196 Streetscape Vault Repairs 

City Motor Vehicle Fund Appropriation $ 1,000,000 

508-443 Market Place Street Improvements 

City Motor Vehicle Fund Appropriation $ 300,000 

508-489 Housing & Community Development Streets 

City Motor Vehicle Fund Appropriation $ 500,000 

508-555 Lancaster St. and Bulkhead Reconstruction 

City Motor Vehicle Fund Appropriation $ 2,300,000 

508-745 Gay Street Yard Improvements 

City Motor Vehicle Fund Appropriation $ 50,000 

508-774 Inner Harbor Promenade 

City Motor Vehicle Fund Appropriation $ 350,000 



28: 



Ord. 99-442 1 998- 1 999 SESSION 



508-800 Downtown Partnership Streetscapes 

City Motor Vehicle Fund Appropriation $ 2,000,000 

508-818 Wilkens Avenue - Resuri^acing 

City Motor Vehicle Fund Appropriation $ 20,000 

508-824 Waterview Avenue Bridge 

Federal Highway Transportation Fund Appropriation $ 400,000 

City Motor Vehicle Fund Appropriation $ 100,000 

508-834 Forest Park Avenue Bridge over Gwynns Falls 

Federal Highway Transportation Fund Appropriation $ 400,000 

City Motor Vehicle Fund Appropriation $ 100,000 

508-846 Mapping Program - Highways 

City Motor Vehicle Fund Appropriation $ 150,000 

508-857 26th Street Retaining Wall 

City Motor Vehicle Fund Appropriation $ 500,000 

508-91 1 Detection Equipment and Cameras 

City Motor Vehicle Fund Appropriation $ 100,000 

508-915 Lexington Mall Traffic Study 

City Motor Vehicle Fund Appropriation $ 500,000 

508-921 Empowerment Zone Access Study 

Federal Highway Transportation Fund Appropriation $ 320,000 

City Motor Vehicle Fund Appropriation $ 80,000 

508-937 Lombard/Howard Streets Intersection 

City Motor Vehicle Fund Appropriation $ 200,000 

508-941 Lafayette Avenue Bridge over Amtrak 

Federal Highway Transportation Fund Appropriation $ 600,000 

City Motor Vehicle Fund Appropriation $ 150,000 

508-949 Downtown Gateway Landscaping 

City Motor Vehicle Fund Appropriation $ 500,000 

508-963 William Street Reconstruction 

City Motor Vehicle Fund Appropriation $ 400,000 



282 



I 



1 998- 1 999 Session Ord. 99-442 



508-984 Juvenile Justice Center 

City Motor Vehicle Fund Appropriation $ 500,000 

508-985 Inner Harbor East 

City Motor Vehicle Fund Appropriation $ 500,000 

508-989 Harford Road Enhancements 

City Motor Vehicle Fund Appropriation $ 100,000 

508-990 Transportation Emissions Reduction Program 

City Motor Vehicle Fund Deappropriation $ (200,000) 

509-544 Taney Road - Reconstruction 

City Motor Vehicle Fund Appropriation $ 150,000 

509-587 Nottingham Road - Reconstruction 

City Motor Vehicle Fund Appropriation $ 215,000 

509-659 Exeter Street - Reconstruction 

City Motor Vehicle Fund Appropriation $ 35,000 

509-869 Adelle Terrace - Reconstruction 

City Motor Vehicle Fund Appropriation $ 156,000 

510-005 Downtown Street Lighting 

City Motor Vehicle Fund Appropriation $ 400,000 

512-004 Traffic Signal Conflict Monitors 

City Motor Vehicle Fund Appropriation $ 175,000 

512-008 Traffic Signal Computer Replacement 

Federal Highway Transportation Fund Appropriation $ 2,213,000 

City Motor Vehicle Fund Appropriation $ 553,000 

514-109 Coldspring Lane - Resurfacing 

City Motor Vehicle Fund Appropriation $ 400,000 

514-200 Local Street Resurfacing Program 

City Motor Vehicle Fund Appropriation $ 8,863,000 

514-456 Baltimore Street - Reconstruction 

City Motor Vehicle Fund Appropriation $ 1 ,300,000 



283 



Ord. 99-442 1 998- 1 999 SESSION 



514-464 St. Georges Avenue - Resurfacing (South) 

City Motor Vehicle Fund Appropriation $ 213,000 

514-486 Hillen Road - Resurfacing 

City Motor Vehicle Fund Appropriation $ 600,000 

514-526 Bush Street Resurfacing 

City Motor Vehicle Fund Appropriation $ 300,000 

514-532 Forest Park Avenue Resurfacing 

City Motor Vehicle Fund Appropriation $ 33,000 

514-543 Fayette Street Rehabilitation 

City Motor Vehicle Fund Appropriation $ 200,000 

517-353 Street Cleaning Facility - Improvements 

City Motor Vehicle Fund Appropriation $ 200,000 

517-500 Solid Waste - Annual Improvements 

General Fund Appropriation $ 125,000 

520-030 CSXT Railroad Storm Drain - Construction 

City Motor Vehicle Fund Appropriation $ 1,300,000 

520-099 Small Storm Drain Repairs 

City Motor Vehicle Fund Appropriation $ 600,000 

520-141 Fells Point Storm Drain Improvements 

City Motor Vehicle Fund Appropriation $ 360,000 

520-439 On Call Storm Drain Design/Engin. Service 

City Motor Vehicle Fund Appropriation $ 200,000 

525-435 Gwynns Falls - Street Impact Mitigation 

City Motor Vehicle Fund Appropriation $ 600,000 

525-437 Brooklyn Storm Water - Phase n 

City Motor Vehicle Fund Appropriation $ 740,000 

525-643 Underground Storage Tank Removal 

Waste Water Utility Fund Appropriation $ 1.000,000 

Water Utility Fund Appropriation $ 1,000,000 



284 



1 998- 1 999 Session Ord. 99-442 



551-144 Mapping Program 

Waste Water Utility Fund Appropriation $ 450,000 

551-233 Waste Water System - Annual Improvements 

Waste Water Revenue Bond Appropriation $ 650,000 

County Grant Appropriation $ 650,000 

551-338 Pumping Stations Rehabilitation 

Waste Water Revenue Bond Appropriation $ 4,322,000 

County Grant Appropriation $ 1,853,000 

551-401 Sewer Replacement Projects 

Waste Water Revenue Bond Appropriation $ 4,000,000 

55 1 -402 Combined Sewer Separation Program 

Waste Water Revenue Bond Appropriation $ 2,000,000 

551-403 Small Sewer Extensions And Improvements 

Waste Water Revenue Bond Appropriation $ 750,000 

551-404 Infiltration/Inflow Correction Program 

Waste Water Revenue Bond Appropriation $ 2,000,000 

551-405 Herring Run Sewershed Conveyance System 

Waste Water Revenue Bond Appropriation $ 1,455,000 

County Grant Appropriation $ 257,000 

551-409 Upper Jones Falls Conveyance System 

Waste Water Revenue Bond Appropriation $ 700,000 

County Grant Appropriation $ 300,000 

551-522 Patapsco WWTP-Reactors - Renovations 

Waste Water Revenue Bond Appropriation $ 4,800,000 

County Grant Appropriation $ 10,200,000 

551-524 Patapsco WWTP-Chlorination/Dechlorination 

Waste Water Revenue Bond Appropriation $ 657,000 

County Grant Appropriation $ 1,396,000 

551-530 Public Works-Geographic Information System 

Waste Water Utility Fund Appropriation $ 475,000 



285 



Ord. 99-442 1 998- 1 999 SESSION 



551-535 Back River Grit Facility Improvements 

Waste Water Revenue Bond Appropriation $ 1,125,000 

County Grant Appropriation $ 1,125,000 

551-540 Patapsco Maintenance Shop Expansion 

Waste Water Revenue Bond Appropriation $ 160,000 

County Grant Appropriation $ 340,000 

55 1-567 Odor Control at Patapsco Treatment Plant 

Waste Water Revenue Bond Appropriation $ 64,000 

County Grant Appropriation $ 136,000 

551-569 On Call Sanitary A/E Service 

Waste Water Revenue Bond Appropriation $ 300,000 

551-570 Patapsco Fine Screens Influent Channel 

Waste Water Revenue Bond Appropriation $ 1 84,000 

County Grant Appropriation $ 391,000 

551-573 Back River Improvement Laboratory HVAC 

Waste Water Revenue Bond Appropriation $ 775,000 

County Grant Appropriation $ 775,000 

551-580 Patapsco WWTP Land Acquisition and Expan. 

Waste Water Revenue Bond Appropriation $ 2,720,000 

County Grant Appropriation $ 5,780,000 

557-031 Water Supply System - Improvements 

Water Revenue Bond Appropriation $ 500,000 

County Grant Appropriation $ 200,000 

557-069 Prettyboy Dam - Repairs 

Water Revenue Bond Appropriation $ 1,512,000 

County Grant Appropriation $ 888,000 

557-070 Watershed Road and Facility Maintenance 

Water Revenue Bond Appropriation $ 315,000 

County Grant Appropriation $ 1 85,000 

557-083 Chlorine Leak Detection & Telemetry System 

Water Revenue Bond Appropriation $ 463,000 

County Grant Appropriation $ 462,000 



286 



1 998- 1 999 Session Ord. 99-442 



557-084 Montebello Plant-Laboratory/Office Bldg. 

Water Revenue Bond Appropriation $ 252,000 

County Grant Appropriation $ 148,000 

557-099 Mapping Program - Water Supply System 

Water Utility Fund Appropriation $ 450,000 

557-100 Water Infrastructure Rehabilitation 

Water Revenue Bond Appropriation $ 3,000,000 

County Grant Appropriation $ 2,000,000 

557-101 Water Mains - Installation 

Water Revenue Bond Appropriation $ 1,000,000 

557-124 Satellite Maintenance Yards - Improvements 

County Grant Appropriation $ 738,000 

557-128 Water Meter Conversion and Installation 

Water Revenue Bond Appropriation $ 500,000 

557-130 Water System Cathodic Protection 

Water Revenue Bond Appropriation $ 160,000 

County Grant Appropriation $ 40,000 

557-149 Loch Raven Dam - Rehabilitation 

Water Revenue Bond Appropriation $ 15,902,000 

County Grant Appropriation $ 9,298,000 

557-158 Earthen Dam Improvement Program 

Water Revenue Bond Appropriation $ 350,000 

County Grant Appropriation $ 150,000 

557-160 Ashburton Power Improvements 

Water Revenue Bond Appropriation $ 2,079,000 

County Grant Appropriation $ 1,221,000 

557-300 Water Facilities - Annual Improvements 

Water Revenue Bond Appropriation $ 504,000 

County Grant Appropriation $ 296,000 

557-3 1 1 Montebello Plant Sludge Disposal Facilities 

Water Revenue Bond Appropriation $ 1 ,260,000 

County Grant Appropriation $ 740,000 



287 



Ord. 99-442 1 998- 1 999 Session 



557-400 Valve and Hydrant Replacement - Annual 

Water Revenue Bond Appropriation $ 1,000,000 

557-630 Public Works-Geographic Information System 

Water Utility Fund Appropriation $ 475,000 

557-689 On-Call Water A/E Services 

Water Revenue Bond Appropriation $ 300,000 

557-690 Liberty Dam Restoration 

Water Revenue Bond Appropriation $ 126,000 

County Grant Appropriation $ 74,000 

557-702 Water Facilities Data Acquisition 

Water Revenue Bond Appropriation $ 1,134,000 

County Grant Appropriation $ 666,000 

563-512 Conduit Record Automation 

Private Payments - Conduits Appropriation $ 200,000 

563-513 Conduit Occupancy Evaluation 

Private Payments - Conduits Appropriation $ 500,000 

Recreation And Parks, Department Of 

474-001 Various Recreation and Parks Projects 

Sale Of City Real Property Appropriation $ 1,400,000 

474-192 Druid Hill Park Master Plan Improvements 

State Open Space Matching Grant Appropriation $ 207,000 

Sale Of City Real Property Appropriation $ 100,000 

474-264 Street Tree Planting Program 

City Motor Vehicle Fund Appropriation $ 100,000 

474-450 Park Rehabilitation Program 

State Open Space Grant Appropriation $ 450,000 

474-453 Baltimore Playlot Project 

General Fund Appropriation $ 200,000 

State Open Space Matching Grant Appropriation $ 600,000 



288 



1998-1999 Session Ord. 99-442 



474-454 Basketball Courts/Tennis Courts/Ballfields 

General Fund Appropriation $ 50,000 

State Open Space Matching Grant Appropriation $ 1 50,000 

474-460 Park Buildings - Modernization 

General Fund Appropriation $ 100,000 

State Open Space Matching Grant Appropriation $ 300,000 

474-519 Gwynns Falls Trail Phase 11 
Federal Transportation Enhancement Grant 

Appropriation $ 1,440,000 

City Motor Vehicle Fund Appropriation $ 900,000 

Other Private Fund And Grant Appropriation $ 292,000 

474-523 Gwynns Falls Trail Phase m 

State Open Space Grant Appropriation $ 1 50,000 

474-566 Druid Hill Park Conservatory-Exhibit Space 

General Obligation Bond Appropriation $ 500,000 

State Open Space Grant Appropriation $ 500,000 

Other State Fund Appropriation $ 500,000 

474-567 Robert E. Lee Park - Bridge Replacement 

City Motor Vehicle Fund Appropriation $ 250,000 

474-569 East Baltimore Recreational Facilities 

Other State Fund Appropriation $ 200,000 

474-601 Patterson Park Boat Lake Reconstruction 

General Obligation Bond Appropriation $ 500,000 

State Open Space Matching Grant Appropriation $ 300,000 

474-602 Patterson Park Pagoda 

State Open Space Grant Appropriation $ 300,000 

Urban Services Agency 

169-012 Eubie Blake Cultural Center 

General Fund Deappropriation $ (90,000) 



Section 3. And be it further ordained. That the amounts set 
forth in Section 2 above designated deappropriations and enclosed in 



289 



Ord. 99-442 1 998- 1 999 SESSION 



parentheses shall revert to the surpluses of the respective funds and be 
available for appropriation by this or subsequent ordinances. 

Section 4. And be it further ordained, That: 

(a) the City reasonably expects to reimburse the expenditures 
described in subsection (b) of this section with the proceeds of one or more 
obligations (as such term is used in Treas. Reg. Section 1.1 50- 1(b) to be 
incurred by the City or any entity controlled by the City within the meaning 
of Treas. Reg. Section 1.150-1). The City intends that this section of this 
Ordinance of Estimates (as this Ordinance of Estimates may be amended 
from time to time) shall serve as a declaration of the City's reasonable 
intention to reimburse expenditures as required by Treas. Reg. Section 
1 . 1 50-2 and any successor regulation. 

(b) the City intends that this declaration will cover all reimbursement of 
expenditures for capital projects or programs approved in the capital budget 
contained in this Ordinance of Estimates to the extent that the City has 
appropriated in this Ordinance of Estimates to pay the cost thereof from one 
or more obligations to be issued by the City (or any entity controlled by the 
City within the meaning of Treas. Reg. Section 1.150-1). The term 
"obligation" (as such term is defined in Treas. Reg. Section 1.150(b) and as 
used in this section) includes general obligation bonds and notes, revenue 
bonds and notes, leases, conditional purchase agreements and other 
obligations of the City (or any entity controlled by the City within the 
meaning of Treas. Reg. Section 1.150-1). 

(c) the maximum anticipated debt expected to be incurred by the City to 
reimburse the cost of each capital project or program in this Ordinance of 
Estimates is the applicable appropriation listed in this Ordinance of 
Estimates from the proceeds of one or more obligations, as such 
appropriations may be increased or decreased. 



290 



1998-1999 Session 



Ord. 99-442 



Section 5. The foregoing appropriations in summary consist of: 



Fund 



Operating 



Capital 



Total 



General 


$ 853,084,000 


$ 18,343,000 


$871,427,000 


Motor Vehicle 


130,264,000 


35,365,000 


165,629,000 


Federal 


226,304,827 


34,295,000 


260,599,827 


State 


65,208,782 


69,526,000 


134,734,782 


Waste Water Utility 


119,383,000 


2,261,000 


121,644,000 


Water Utility 


80,048,000 


2,288,000 


82,336,000 


L&G Enterprise 


4,089,000 





4,089,000 


Parking Enterprise 


15,216,000 





15,216,000 


Parking Managemen 


t 8,484,000 





8,484,000 


Special 


20,659,037 


128,262,000* 


148,921,037 


Convention Center Bond 4,636,000 





4,636,000 


General Obligation Bonds 


46,000,000 


46,000,000 




$1,527,376,646 


$336,340,000 


$1,863,716,646 



*Consisting of: 

County $ 40,549,000 

Revenue Bonds and Notes $ 57,019,000 

M&CC Real Property Account $ 4,500,000 

All Other Debt $ 2,000,000 

Other Fund Sources $ 24,194,000 



Approved by the Board of Estimates 



President 



Mayor 



Comptroller 



Director of Public Works 



City Solicitor 



BOARD OF ESTIMATES 



291 



Ord. 99-443 1 998- 1 999 Session 



Approved June 23, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-443 
Council Bill 98-875 

An Ordinance Concerning 



Supplementary Parking Revenue Loan Fund Capital Appropriation — 
Department of Public Works — $7,000,000 

For the purpose of providing a Supplementary Parking Revenue Loan Fund 
Capital Appropriation in the amount of $7,000,000 to the Department 
of Public Works — Program 580 (Account #9965-580-031), to 
provide funding for the construction of a parking garage at Paca and 
Pratt Str e ets on the properties known as 202 South Paca Street and 
511-517 West Pratt Street ; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents Parking 
Revenue Bonds in excess of the revenue relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On November 25, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 



292 



1 998- 1 999 Session Ord. 99-444 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $7,000,000 shall be made available to the Department of 
Public Works — Program 580 (Account #9965-580-031) as a 
Supplementary Parking Revenue Loan Fund Capital Appropriation for 
Fiscal Year 1999, to provide funding for the construction of a parking 
garage at Paca and Pratt Stre e ts on the properties known as 202 South Paca 
Street and 511-517 West Pratt Street . The source of revenue for this 
appropriation is Parking Revenue Bonds in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved June 25, 1999 



Kuril. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-444 
Council Bill 98-876 

An Ordinance Concerning 



Supplementary Parking Revenue Loan Fund Capital Appropriation — 
Department of Public Works — $12,000,000 $4,500,000 

For the purpose of providing a Supplementary Parking Revenue Loan Fund 
Capital Appropriation in the amount of $ 1 2,000,000 $4,500,000 to the 
Department of Public Works — Program 580 (Account #9965-580- 
032), to provide funding for the construction of a parking garage on 
Redwood Str e et (Orion Project) the properties known as 117 Water 
Street, 131 E. Redwood Street, and 26, 30, 32, 34 and 36 South 
Calvert Street ; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 



293 



Ord. 99-444 1 998- 1 999 Session 



Recitals 

The revenue appropriated by this Ordinance represents Parking 
Revenue Bonds in excess of the revenue rehed on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On November 25, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $12,000,000 $4,500,000 shall be made available to the 
Department of Public Works — Program 580 (Account #9965-580-032) as 
a Supplementary Parking Revenue Loan Fund Capital Appropriation for 
Fiscal Year 1999, to provide funding for the construction of a parking 
garage on Redwood Str e et (Orion Project) the properties known as 1 17 
Water Street, 131 E. Redwood Street, and 26, 30, 32. 34 and 36 South 
Calvert Street . The source of revenue for this appropriation is Parking 
Revenue Bonds in excess of the amount from this source that was relied on 
by the Board of Estimates in determining the tax levy required to balance 
the budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That any structure using 
this funding source must have Planning Commission final design approval. 

Section 2 3. And be it further ordained. That this Ordinance 
takes effect on the date it is enacted. 

Approved June 25, 1999 

Kurt L. Schmoke, Mayor 



294 



1 998- 1 999 Session Ord. 99-445 



City of Baltimore 
Ordinance 99-445 
Council Bill 98-877 

An Ordinance Concerning 

Supplementary Parking Revenue Loan Fund Capital Appropriation — 
Department of Public Works — $12,000,000 

For the purpose of providing a Supplementary Parking Revenue Loan Fund 
Capital Appropriation in the amount of $12,000,000 to the 
Department of Public Works — Program 580 (Account #9965-580- 
030), to provide funding for the construction of a parking garage a^ 
Liberty and Clay Streets on the properties known as 105-07 and 109 
Clay Street, 206, 208 and 210-16 North Liberty Street, 100-04, 106, 
108, 1 10, 1 12, 1 14. and 1 16-20 West Lexington Street, and 207-09, 
213, and 215 Park Avenue ; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents Parking 
Revenue Bonds in excess of the revenue relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On November 25, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 



295 



Ord. 99-446 1 998- 1 999 SESSION 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $12,000,000 shall be made available to the Department 
of Public Works — Program 580 (Account #9965-580-030) as a 
Supplementary Parking Revenue Loan Fund Capital Appropriation for 
Fiscal Year 1 999, to provide funding for the construction of a parking 
garage at Lib e rty and Clay Str ee ts on the properties known as 1 05-07 and 
T09 Clay Street. 206. 208 and 210-16 North Liberty Street, 100-04, 106. 
108. 1 10, 1 12, 1 14, and 1 16-20 West Lexington Street, and 207-09, 213, 
and 215 Park Avenue . The source of revenue for this appropriation is 
Parking Revenue Bonds in excess of the amount from this source that was 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That any structure using 
this funding source must have Planning Commission final design approval. 

Section 2 3. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved June 25, 1999 



KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-446 
Council Bill 98-878 

An Ordinance Concerning 



Supplementary Parking Revenue Loan Fund Capital Appropriation — 
Department of Public Works — $16,100,000 

For the purpose of providing a Supplementary Parking Revenue Loan Fund 
Capital Appropriation in the amount of $ 1 6, 1 00,000 to the 
Department of Public Works — Program 580 (Account #9965-580- 
029), to provide funding for the construction of a parking garage at 
One Light Street; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

296 



1 998- 1 999 Session Ord. 99-447 



Recitals 



The revenue appropriated by this Ordinance represents Parking 
Revenue Bonds in excess of the revenue relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On November 25, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $16,100,000 shall be made available to the Department 
of Public Works — Program 580 (Account #9965-580-029) as a 
Supplementary Parking Revenue Loan Fund Capital Appropriation for 
Fiscal Year 1999, to provide funding for the construction of a parking 
garage at One Light Street. The source of revenue for this appropriation is 
Parking Revenue Bonds in excess of the amount from this source that was 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-447 
Council Bill 98-887 

An Ordinance Concerning 



Supplementary Parking Revenue Loan Fund Capital 
Appropriation — Department of Public Works — $10,000,000 



297 



Ord. 99-447 1 998- 1 999 Session 



For the purpose of providing a Supplementary Parking Revenue Loan Fund 
Capital Appropriation in the amount of $ 1 0,000,000 to the 
Department of Public Works — Program 580 (Account #9965-580- 
034), to provide funding for the construction of a parking garage m 
th e vicinity of Charl e s and Fay e tt e Streets on the properties known as 
217 and 221-227 North Charles Street, 210 Saint Paul Place, and 
Lovegrove Street. 20 feet wide, extending from a point 1 1 1 feet, more 
or less, south of Saratoga Street, southerly 151 feet, more or less, to 
the end thereof ; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents Parking 
Revenue Bonds in excess of the revenue relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On December 2, 1998, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $10,000,000 shall be made available to the Department 
of Public Works — Program 580 (Account #9965-580-034) as a 
Supplementary Parking Revenue Loan Fund Capital Appropriation for 
Fiscal Year 1999, to provide funding for the construction of a parking 
garage in th e vicinity of Charl e s and Fay e tt e Stre e ts on the properties known 
as 2r7 and 221-227 North Charles Street, 210 Saint Paul Place, and 
Lovegrove Street. 20 feet wide, extending from a point 1 1 1 feet, m.ore or 
less, south of Saratoga Street, southerlv 151 feet, more or less, to the end 



298 



1 998- 1 999 Session Ord. 99-448 



thereof . The source of revenue for this appropriation is Parking Revenue 
Bonds in excess of the amount from this source that was rehed on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That this Ordinance 
takes effect on the date it is enacted. 



Approved June 25, 1999 



KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-448 
Council Bill 98-900 

An Ordinance Concerning 

Fire and Police Employees' Retirement System 

For the purpose of revising provisions governing the annuity savings fund to 
delete obsolete language and conform to current practice and other 
related sections of the law; providing new language that will not 
require a pension contribution to be made by a member for a partial 
pay period upon termination or retirement; deleting obsolete language 
concerning the expense fund; correcting, clarifying, and conforming 
certain language; and providing for a special effective date. 

By repealing and reordaining, with amendments 
Article 22 - Retirement Systems 
Section(s) 36(a), (b),(d-l) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

By repealing 

Article 22 - Retirement Systems 

Section(s) 36(e) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the mayor and city council of 
Baltimore, That the Laws of Baltimore City read as follows: 



299 



Ord. 99-448 1 998- 1 999 Session 

Baltimore City Code 

Article 22 - Retirement Systems 

Subtitle - Fire and Police 

§ 36. Method of Financing. 

[(a) All of the assets of the retirement system shall be credited 

according to the purpose for which they are held to one of five 
funds, namely, the Annuity Savings Fund, the Annuity Reserve 
Fund, the Pension Accumulation Fund, the Pension Reserve 
Fund, and the Expense Fund. 

(b)(1) The Annuity Savings Fund shall be a fund in which shall 

be accumulated contributions from the compensation of 
members to provide for their annuities. Upon the basis of 
such tables as the Board of Trustees shall adopt and 
regular interest, the actuary of the retirement system shall 
determine for each member the proportion of 
compensation which, when deducted from each payment 
of his prospective eamable annual compensation prior to 
his attainment of age fifty and accumulated at regular 
interest until his attainment of such age shall be computed 
to provide at the time an annuity equal to the pension to 
which he will be entitled at that age on account of his 
service as a member. Such proportion of compensation 
shall be computed to remain constant. 

(2) The proportion so computed for a member age forty-nine 
shall be applied to a member who attains a greater age 
before he becomes a member of the retirement system. 
The Board of Trustees shall certify to the head of each 
department and the head of each department shall cause 
to be deducted from the salary of each member on each 
and every payroll of such department for each and every 
payroll period the proportion of eamable compensation of 
each member so computed. But the head of any 
department shall not make any deduction for annuity 
purposes from the compensation of a member who elects 
not to contribute if he has attained age fifty and has 
completed twenty-five years of service. In determining 
the amount eamable by a member in a payroll period, the 



300 



1 998- 1 999 Session Ord. 99-448 



Board of Trustees may consider the rate of annual 
compensation payable to such member on the first day of 
the payroll period as continuing throughout such payroll 
period, and it may omit deductions from compensation for 
any period less than a full payroll period if an employee 
was not a member on the first day of the payroll period, 
and to facilitate the making of deductions it may modify 
the deduction required of any member by such an amount 
as shall not exceed one-tenth of one per centum of the 
annual compensation upon the basis of which such 
deduction is to be made. 

(3) The deductions provided for herein shall be made 
notwithstanding that the minimum compensation 
provided for by law for any member shall be reduced 
thereby. Every member shall be deemed to consent and 
agree to the deductions made and provided for herein and 
shall receipt for his full salary or compensation, and 
payment of salary or compensation less said deduction 
shall be a full and complete discharge and acquittance of 
all claims and demands whatsoever for the services 
rendered by such person during the period covered by 
such payment, except as to the benefits provided under 
this subtitle. The head of each department shall certify to 
the Board of Trustees on each and every payroll the 
amounts to be deducted; and each of said amounts shall 
be deducted, and when deducted shall be paid into said 
Annuity Savings Fund, and shall be credited, together 
with regular interest thereon, to the individual account of 
the member from whose compensation said deduction 
was made. 

(4) In addition to the contributions deducted from 
compensation as hereinbefore provided, subject to the 
approval of the Board of Trustees, any member may 
redeposit in the Annuity Savings Fund by a single 
payment or by an increased rate of contributions an 
amount equal to the total amount which he previously 
withdrew therefrom as provided in this subtitle, or any 
part thereof; or any member may deposit therein by a 
single payment or by an increased rate of contribution an 
amount computed to be sufficient to purchase an 
additional annuity, which, together with his prospective 



301 



Ord. 99-448 1 998- 1 999 Session 

retirement allowance, will provide for him a total 
retirement allowance not in excess of two-thirds of his 
average final compensation at age fifty or 25 years of 
creditable service, whichever would first occur. Such 
additional amounts so deposited shall become a part of 
his accumulated contributions except in the case of 
disability retirement, when that shall be treated as excess 
contributions returnable to the member in cash or as an 
annuity of equivalent actuarial value. The accumulated 
contributions of a member withdrawn by him, or paid to 
his estate or to his designated beneficiary in event of his 
death as provided in this subtitle, shall be paid from the 
Annuity Savings Fund. Upon retirement of a member his 
accumulated contributions shall be transferred from the 
Annuity Savings Fund to the Annuity Reserve Fund.] 

(A) Funds OF System. 

(1) estabushed. 

In this System there are: 

(I) AN Annuity Savings Fund; 

(II) AN Annuity Reserve Fund; 

(III) A Pension Accumulation Fund; and 

(IV) A Pension Reserve Fund. 

(2) Credits TO Funds. 

The Board of Trustees shall credit the assets of 
this System to the appropriate fund according to 
the purpose for which the assets are held. 

(B) Annuity Savings Fund. 

(1) In GENERAL. 

The Annuity Savings Fund consists of the assets 

FOR each member's ANNUITY PORTION OF THE MEMBER'S 
RETIREMENT BENEHT. 



302 



1 998- 1 999 Session Ord. 99-448 



(2) Credits TO Fund. 

The Board of Trustees shall credit to each 
member's individual account in the annuity 
Savings Fund: 

(i) the contributions made by the member; 

AND 

(II) REGULAR INTEREST ON THE ACCUMULATED 
CONTRIBUTIONS OF THE MEMBER, AS PROVIDED 
FOR IN § 30(9). 

(3) Payments FROM Fund. 

From the Annuity Savings Fund, the Board of 
Trustees shall pay the accumulated contributions 
of a member that, as provided in this § 36: 

(i) are withdrawn by the member; or 

(ii) if a member dies, are paid to the member's 
estate or designated benehciary. 

(4) Transfers to Annuity Reserve Fund. 

When a member retires, the Board of Trustees 

SHALL transfer HIS OR HER ACCUMULATED 
CONTRIBUTIONS FROM THE ANNUITY SAVINGS FUND TO 

the annuity reserve fund. 

(5) Compensation rate treated as continuing through pa y 

PERIOD. 

To DETERMINE THE EARNABLE COMPENSATION OF A 
MEMBER IN A PAYROLL PERIOD, THE BOARD OF TRUSTEES 
MAY TREAT THE RATE OF ANNUAL COMPENSATION 
PAYABLE TO THE MEMBER ON THE 1 ST DAY OF THE 
PAYROLL PERIOD AS CONTINUING THROUGHOUT THE 
PAYROLL PERIOD. 



303 



Ord. 99-448 1 998- 1 999 SESSION 



(6) LESS THAN FULL PAY PERIOD. 

No DEDUCTIONS MAY BE MADE FROM THE EARNABLE 
COMPENSATION OF A MEMBER EITHER ENTERING OR 
LEAVING SERVICE WHO HAS WORKED LESS THAN A FULL 
PAYROLL PERIOD. 

(7) Contributions REQUIRED. 

(I) The member contributions provided for in this 

SECTION SHALL BE MADE NOTWITHSTANDING ANY 
resulting REDUCTION IN THE ACTUAL COMPENSATION 
RECEIVED BELOW THE MINIMUM COMPENSATION 
PROVIDED FOR BY LAW FOR A MEMBER. 

(II) Each member is deemed to have agreed to make 

THE MEMBER CONTRIBUTIONS REQUIRED BY THIS 
SECTION AND TO HAVE RECEIVED FULL 
COMPENSATION. 

(III) Except for the benehts provided under this 

SECTION, THE PAYMENT OF COMPENSATION LESS ANY 
MEMBER CONTRIBUTION IS A COMPLETE DISCHARGE 
OF ALL CLAIMS FOR SERVICES RENDERED BY AN 
EMPLOYEE DURING THE TIME COVERED BY THE 
PAYMENT. 

(8) Certification AND payment of member contributions. 

(I) The Board of Trustees shall certify to the 
Department of Finance the percentage of 
compensation to be deducted from each 
member's earnable compensation. 

(ii) as each payroll is paid, the department of 
Finance shall certify to the Board of Trustees, 
the member contributions deducted from the 

compensation of each MEMBER EMPLOYED. 
(Ill) On RECEIPT OF THE CERTIRCATION FROM THE 

Department of Finance that a member's 
contributions have been deducted from the 
member's compensation, the board of trustees 



304 



1 998- 1 999 Session Ord. 99-448 



SHALL CREDIT THOSE CONTRIBUTIONS TO THE 
MEMBER'S ACCOUNT IN THE ANNUITY SAVINGS FUND. 

(9) Redeposits. 

Subject to the approval of the Board of Trustees, 
any member may redeposit, by a single payment or 
by an increased rate of contributions an amount 
equal to the total amount that the member 
previously withdrew, plus regular interest as 
provided for under § 32. 

(10) Additional ANNUITY CONTRIBUTIONS. 

(I) Subject to the approval of the Board of 
Trustees, any member may deposit, by a single 
payment or by an increased rate of 
contributions, an amount computed to be 
sumcient to purchase an additional annuity 
that, together with the member's prospective 
retirement allowance, will provide a total 
retirement allowance of not more than 2/3 of 
the member's average hnal compensation at age 

50 OR AFTER 25 YEARS OF CREDITABLE SERVICE, 
WHICHEVER WOULD OCCUR HRST. 

(II) Purchases made under subparagraph (i) of this 

PARAGRAPH (10) BECOME A PART OF THE MEMBER'S 
ACCUMULATED CONTRIBUTIONS EXCEPT IN THE CASE 
OF A MEMBER RECEIVING A DISABILITY RETIREMENT. 

(III) In the case of a member receiving a DISABILITY 

RETIREMENT, THE ADDITIONAL ANNUITY IS TREATED 
AS EXCESS CONTRIBUTIONS RETURNABLE TO THE 
MEMBER IN CASH OR AS AN ANNUITY OF EQUIVALENT 
ACTUARIAL VALUE. 

[(d-1)] (E) Pension Res er-ve Fund. 

The Pension Reserve Fund [shall be] IS the fund from which 
[shall be paid] the pension IS PAID to members not entitled to 
credit for prior service and benefits in lieu thereof. [Should] IF 
such a beneficiary retired on account of disability [be] IS 



305 



Ord. 99-449 1 998- 1 999 SESSION 



restored to active service with compensation not less than his OR 
HER average final compensation at the time of his OR HER last 
retirement, the pension reserve thereon shall be transferred from the 
Pension Reserve Fund to the Pension Accumulation Fund. 
[Should] If the pension of such a disability beneficiary [be] IS 
reduced as a result of an increase in HER OR his earning capacity, 
the amount of the annual reduction in HER OR his pension shall be 
paid annually into the Pension Accumulation Fund during the 
period of [such] THAT reduction. 

[(e) Expense Fund. 

The Expense Fund shall be the fund to which shall be credited all 
money provided by the City of Baltimore to pay the administration 
expenses of the retirement system, and from which shall be paid all 
the expenses necessary in connection with the administration and 
operation of the system. Annually, the Board of Trustees shall 
estimate the amount of money necessary to be paid into the 
Expense Fund during the ensuing year to provide for the expense of 
operation of the retirement system, and such estimate shall be 
submitted to the Board of Estimates, in accordance with the 
provisions of Article VI, Section 2 of the Baltimore City Charter 
(1964 Edition).] 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 25, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-449 
Council Bill 99-906 

An Ordinance Concerning 

Revenue Loan Fund Capital De-Appropriation ■ 
Department of Public Works — $20,000,000 



306 



1 998- 1 999 Session Ord. 99-450 



For the purpose of providing a Revenue Loan Fund Capital De- 
Appropriation in the amount of $20,000,000 to the Department of 
Public Works - Program 580 (Account #9965-580-025), for a capital 
project not to be undertaken; and providing for a special effective date. 

Recitals 

The Fiscal Year 1999 Ordinance of Estimates (Ordinance 98-353) 
contained $20,000,000 in Loan Fund appropriations for a capital project in 
the Department of Public Works. 

On December 9, 1998, the Board of Estimates recommended this de- 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance 98-353, entitled "Ordinance of Estimates for 
Fiscal Year ending June 30, 1999", Section B - Capital Budget is amended, 
and an amount de-appropriated as follows: 

Appropriation De-appropriation 
Hotel Garage and Inner Harbor East Project Amount Amount 

(Program 580 - Acct.#9965-580-025) $20,000,000 $20,000,000 

Section 2. And be ft further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-450 
Council Bill 99-907 

An Ordinance Concerning 

Revenue Loan Fund Capital De-Appropriation ■ 
Department of Public Works — $12,500,000 



307 



Ord. 99-45 1 1 998- 1 999 SESSION 



For the purpose of providing a Revenue Loan Fund Capital De- 
Appropriation in the amount of $12,500,000 to the Department of 
Public Works - Program 580 (Account #9965-580-030), for a capital 
project not to be undertaken; and providing for a special effective date. 

Recitals 

The Fiscal Year 1999 Ordinance of Estimates (Ordinance 98-353) 
contained $12,500,000 in Loan Fund appropriations for a capital project in 
the Department of Public Works. 

On December 9, 1998, the Board of Estimates recommended this de- 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Ordinance 98-353, entitled "Ordinance of Estimates for 
the Fiscal Year ending June 30, 1999", Section B - Capital Budget is 
amended, and an amount de- appropriated as follows: 

Appropriation De-appropriation 

Parcel 'C Garage at Inner Harbor East Project Amount Amount 

(Program 580 - Acct.#9965-580-030) $12,500,000 $12,500,000 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



i 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-451 
Council Bill 99-943 

AN Ordinance Concerning 

Elected Officials' Retirement System 

For the purpose of providing for a 40% survivorship benefit to be paid to 
the member's spouse under the maximum retirement benefit; 

308 



1 998- 1 999 Session Ord. 99-45 1 



eliminating the excess earnings offset provisions under the non-line- 
of-duty disability and the line-of-duty disability benefits; allowing a 
surviving spouse, surviving minor child or children, or surviving 
parent or parents to be eligible to receive certain lump-sum death 
benefits instead of having such benefits paid to the estate of a 
deceased member of the Elected Officials' Retirement System; 
allowing a surviving spouse of a deceased elected official to receive a 
non-line of duty death benefit from the Elected Officials' Retirement 
System where the surviving spouse is not named as the member's 
designated beneficiary and the designated beneficiary has 
predeceased the member; providing a definition for dependency for 
purposes of paying death benefits to the dependent parent of a 
deceased Elected Officials' Retirement System member; recodifying 
the existing death benefits provisions for the Elected Officials' 
Retirement System; clarifying intestacy provisions for Elected 
Officials' Retirement System death benefits; clarifying the existing 
provisions governing a maximum retirement allowance and the 
optional retirement allowances; clarifying the structure of the "pop- 
up" option as an additional actuarial modification to the maximum 
retirement allowance; recodifying the rules regarding death of system 
members within 30 days of retirement; providing a new method for 
offsetting Workers' Compensation awards against disability and 
death benefits; deleting obsolete language; correcting clarifying, and 
conforming certain language; and providing for a special effective 
date. 

By repealing 

Article 22 - Retirement Systems 

Section(s) 22 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By adding 

Article 22 - Retirement Systems 

Section(s) 22 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 



309 



Ord. 99-45 1 1 998- 1 999 Session 

Section 1. Be it ordained by the Mayor and City Council 
OF Baltimore, That Section 22 of Article 22 - Retirements is repealed. 

Section 2. And be it further ordained, That the Laws of 
Baltimore City read as follows: 

Baltimore City Code 

Article 22 — Retirement Systems 

Subtitle — Elected Officials' Retirement System 

§ 22. BENEHTS. 

(A) Service RETIREMENT BENEFITS. 

(1) Eligibility. 

Any member in service may retire provided that the 

member has: 

(I) acquired 1 2 or more years of service and 
attained the age of 50; or 

(II) acquired 16 years of service, regardless of 

AGE. 

(2) Application. 

Prior to receiving a service retirement beneht, a 
member must: 

(i) complete a written application hled with the 
Board of Trustees; and 

(ii) select an effective date of retirement not less 
than 30 days or more than 90 days after the 
filing of the written application. 



310 



1998-1 999 Session Ord. 99-45 1 



(3) Amount OF SERVICE RETIREMENT BENEFIT. 

Upon retirement from service, a member is entitled to 
receive an annual maximum service retirement 
allowance equaling 2.5% the member's current 
annual earnable compensation multiplied by the 
number of years of the member's service credit. such 
allowance shall consist of: 

(i) an annuity equal to the actuarial equivalent 
of the member's accumulated contributions at 
the time of retirement; and 

(ii) a pension, equal to the annual maximum 
retirement allowance less the annuity 
described in item (l) of this paragraph 2,. 

(b) non-une-of-duty disabiuty retirement. 

(1) Eligibility. 

a non-line-of-duty disability retirement will be 
awarded to any member who: 

(i) has acquired at least 5 years of service; 

(ii) has been determined by a hearing examiner to 
be mentally or physically incapacitated from 
the further performance of the duties as an 
elected ofhcial of baltimore city and that 
such incapacity is likely to be permanent; and 

(iii) does not qualify under subsection (c) for a 
line-of-duty disability retirement. 

(2) Application. 

Prior to receiving a retirement beneht under this 
subsection (b), a member must: 

(i) complete a written application hled with the 
Board of Trustees; and 



311 



Ord. 99-45 1 1 998- 1 999 Session 



(ii) select an effective date of retirement not less 
than 30 days or more than 90 days after the 
filing of the written application. 

(3) Amount of non-line-of-duty disability retirement 

BENEFIT. 

Upon being awarded a retirement benert under this 
subsection (b), a member is entitled to receive an 
annual maximum retirement allowance equal to the 
greater of: 

(i) the member's annual maximum service 
allowance as described in paragraph 3 of 
subsection (a) of this section; or 

(ii) a retirement allowance totaling 25 % of the 
member's current annual earnable 
compensation. 

(c) line-of'duty disability. 

(1) Eligibility. 

a line-of-duty disability will be awarded to any 
member who has: 

(i) been determined by a hearing examiner to be 
totally and permanently incapacitated from 
the further performance of the duties as an 
elected ofhcial of baltimore city; and 

(ii) been determined by a hearing examiner to have 
been injured: 

(a) as the natural and proximate result of 
an accident occurring while in the 
actual performance of duty at some 
dernite time and place; and 

(b) without willftjl negligence on the part 
of the member 



312 



1 998- 1 999 Session Ord. 99-45 



(2) Appucation. 

Prior to receiving a retirement benefit under this 
subsection (c), a member must file a written 
application with the board of trustees. 

(3) Amount of line-of-duty disability retirement benefit. 

Upon being awarded a retirement beneht under this 
subsection (c), a member is entitled to receive a 
maximum retirement allowance consisting of: 

(i) an annuity equal to the actuarial equivalent 
of the member's accumulated contributions at 
the time of retirement; plus 

(ii) a pension equaling 66.667% of the member's 
current annual earnable compensation. 

(D) Deferred VESTED RETIREMENT BENEFIT. 

(1) Eligibiuty. 

Any member will receive a deferred vested 
retirement beneht who: 

(i) has acquired at least 1 2 years of service but 
less than 16 years service, all of which does 
not need to be continuous; 

(ii) has left ofhce before attaining age 50; and 

(iii) has elected to leave his or her accumulated 
contributions with the system, with regular 
interest, while the member is no longer in 

OFHCE. 

(2) Appucation. 

Prior to receiving a retirement beneht under this 
subsection (d), a member must file a written 
application for retirement with the board of 



313 



Ord. 99-45 1 1 998- 1 999 Session 



Trustees more than 30 days and less than 90 days 

FROM THE member's EFFECTIVE RETIREMENT DATE. 

(3) Amount of deferred vested retirement benefits. 

Upon attaining age 50, a member is entitled to receive 
a deferred vested beneht equaling an annual 
maximum service retirement allowance as described 

IN PARAGRAPH 3 OF SUBSECTION (A) OF THIS SECTION. 

(4) Death prior to commencement of deferred vested 

BENEFIT, 

(I) Scope OF SECTION. 

This section will apply to any member who: 

(A) is eligible for a deferred vested benefit 

UNDER THIS PARAGRAPH (D); 

(B) DIES BEFORE ATTAINING AGE 50, BUT AFTER 
LEAVING OFHCE; AND 

(C) DIES BEFORE PROPERLY HLING AN APPLICATION 
FOR BENEHTS UNDER THIS PARAGRAPH (D). 

(II) Return OF ACCUMULATED CONTRIBUTIONS. 

The ACCUMULATED CONTRIBUTIONS OF ANY MEMBER 
DESCRIBED IN ITEM (I) ABOVE WILL BE PAID: 

(A) TO THE MEMBER'S DESIGNATED BENERCIARY; 

(B) IF THERE IS NO DESIGNATED BENERCIARY OR IF 
THE DESIGNATED BENEFICIARY PREDECEASES THE 
MEMBER, TO THE MEMBER'S SURVIVING SPOUSE; 

(C) IF THERE IS NO DESIGNATED BENERCIARY AND NO 
SURVIVING SPOUSE, TO THE MEMBER'S CHILDREN, 
IN EQUAL SHARES; 



314 



1 998- 1 999 Session Ord. 99-45 1 



(D) IF THERE IS NO DESIGNATED BENERCIARY, 
SURVIVING SPOUSE, OR SURVIVING CHILD, TO THE 
MEMBER'S SURVIVING PARENTS, IN EQUAL 
SHARES; AND 

(E) OTHERWISE, TO THE MEMBER'S ESTATE. 

(III) Interest. 

The amount of accumulated contributions paid 

WILL include interest TO THE DATE OF THE MEMBER'S 
DEATH. 

(IV) Any benehciary or estate receiving benerts 

under this paragraph (3) IS NOT ENTITLED TO ANY 
OTHER BENEFIT UNDER THIS SECTION. 

(E) Method OF PAYMENT. 

(1) Maximum RETIREMENT ALLOWANCE. 

(I) Any member eligible to receive a retirement 

ALLOWANCE UNDER SUBSECTIONS (A), (B), (C) OR (D) OF 
THIS SECTION IS ENTITLED TO RECEIVE AN ANNUAL 
MAXIMUM BENERT WITHOUT ACTUARIAL MODIHCATION. 

(II) On receipt of proper proof of death of a retired 

MEMBER RECEIVING THE MAXIMUM BENEFIT, THE BOARD 

OF Trustees shall pay an amount equal to 40% of 

THE RETIRED MEMBER'S RETIREMENT ALLOWANCE AS OF 
THE DATE OF THE RETIRED MEMBER'S DEATH, TO ONE OF 
THE FOLLOWING BENERCI ARIES : 

(A) IF THE RETIRED MEMBER IS SURVIVED BY A 
SPOUSE TO WHOM THE RETIRED MEMBER WAS 
MARRIED FOR AT LEAST 1 YEAR IMMEDIATELY 
BEFORE THE RETIRED MEMBER'S RETIREMENT 
DATE, THE BENEHT SHALL BE PAID TO THE 
SURVIVING SPOUSE, TO CONTINUE FOR LIFE OR 
UNTIL REMARRIAGE; OR 



315 



Ord. 99-45 1 1 998- 1 999 Session 



(B) IF THERE IS NO QUALIFYING SURVIVING SPOUSE 
OR IF THE SURVIVING SPOUSE DIES OR 
REMARRIES, THEN THE BENEFIT SHALL BE PAID TO 
THE RETIRED MEMBER'S MINOR CHILDREN, IN 
EQUAL SHARES, TO CONTINUE UNTIL THE 
CHILDREN ARE NO LONGER MINOR, AS DEFINED IN 

§47(H) OF THIS Article. 
(Ill) For purposes of this paragraph (1), when a retired 

MEMBER'S CHILD IS NO LONGER A MINOR AND 
CONSEQUENTLY CEASES TO RECEIVE BENEHTS UNDER 
THIS PARAGRAPH (1), EACH REMAINING MINOR CHILD 
SHALL BEGIN TO RECEIVE, IN ADDITION TO HIS OR HER 
EXISTING BENERT, AN EQUAL SHARE OF THE BENERT 
FORMERLY PAID TO THE OTHER CHILD. THIS PROCESS 
CONTINUES UNTIL THE YOUNGEST CHILD IS NO LONGER A 
MINOR. 

(2) Elections for retirement allowance with actuarial 
modification. 

(I) In GENERAL. 

Instead of the allowance provided for in 
paragraph (1) of this subsection, a member who is 
entitled to receive a retirement allowance from 
this system may elect to receive a lesser 
retirement allowance for life from among the 
options set forth in subparagraphs (ll) through (v) 
of this paragraph (2). the lesser optional 
retirement allowance that the retired member 
will receive, when combined with the optional 
survivorship benert selected by the retired 
member, will equal the actuarial equivalent of 
the retired member's maximum retirement 
allowance computed as of the retired member's 
retirement date. 

(II) Reserve guarantee option. 

(A) On the RETIRED MEMBER'S DEATH, THE BALANCE 
OF THE RETIRED MEMBER'S RETIREMENT 



316 



1 998- 1 999 Session Ord. 99-45 1 



ALLOWANCE AT THE TIME OF RETIREMENT, AFTER 
DEDUCTING THE TOTAL AMOUNT OF PERIODICAL 
PAYMENTS RECEIVED BY THE RETIRED MEMBER 
DURING HIS OR HER LIFE, WILL BE PAYABLE AS A 
LUMPSUM: 

1 . TO THE RETIRED MEMBER' S DESIGNATED 
BENEHCIARY; OR 

2. IF THERE IS NO DESIGNATED BENEHCIARY 
OR IF THE DESIGNATED BENEHCIARY 
PREDECEASES THE RETIRED MEMBER, TO 
THE RETIRED MEMBER'S ESTATE. 

(B) A MEMBER SELECTING THIS RESERVE GUARANTEE 
OPTION MAY CHANGE HIS OR HER DESIGNATED 
BENEHCIARY AT ANY TIME THROUGHOUT 
RETIREMENT. 

(Ill) Joint AND survivor options. 

(A) On the retired member's death, the 

MEMBER'S DESIGNATED BENERCIARY WILL 
RECEIVE A LIFETIME BENEHT OF EITHER, AS 
ELECTED BY THE MEMBER: 

1 . 1 00% OF THE PERIODICAL ALLOWANCE 
THE RETIRED MEMBER WAS RECEIVING AT 
THE TIME OF DEATH; OR 

2. 50% OF THE PERIODICAL ALLOWANCE 
THE RETIRED MEMBER WAS RECEIVING AT 
THE TIME OF DEATH. 

(B) Within 30 days of the retired member's 

RETIREMENT DATE, THE RETIRED MEMBER MAY 
ELECT TO CHANGE THE DESIGNATED BENEHCIARY 
FOR BENEFITS UNDER THIS SUBPARAGRAPH (III). 

(C) If the DESIGNATED BENEHCIARY PREDECEASES 
THE RETIRED MEMBER WHILE STILL WITHIN 30 
DAYS OF THE RETIREMENT DATE, THE RETIRED 



317 



Ord. 99-45 1 1 998- 1 999 Session 



MEMBER MAY DESIGNATE A NEW BENEnCIARY 
WITHIN 30 DAYS OF THE DESIGNATED 
BENEHCIARY'S DEATH. 

(D) If the designated beneficiary predeceases 
the retired member while within 30 days of 
the retirement date and the retired 
member does not designate a new 
benehciary within 30 days of the 
designated beneficiary's death or if the 
designated benerciary dies on or after the 
3 1st day following the retirement date: 

1 . the retired member continues to 
receive a lesser retirement 
allowance under this survivorship 

OPTION; 

2. NO NEW BENEHCIARY MAY BE 
DESIGNATED; AND 

3 . ON THE RETIRED MEMBER' S DEATH, NO 
SURVIVORSHIP BENEFIT IS PAYABLE. 

(IV) "Pop- up " JOINT AND SURVIVOR OPTIONS. 

(A) On the RETIRED MEMBER'S DEATH, THE 
MEMBER'S DESIGNATED BENERCIARY WILL 
RECEIVE A LIFETIME BENERT OF EITHER, AS 
ELECTED BY THE MEMBER: 

1 . 1 00% OF THE PERIODICAL ALLOWANCE 
THE RETIRED MEMBER WAS RECEIVING AT 
THE TIME OF DEATH; OR 

2. 50% OF THE PERIODICAL ALLOWANCE 
THE RETIRED MEMBER WAS RECEIVING AT 
THE TIME OF DEATH. 



318 



1 998- 1 999 Session Ord. 99-45 1 



(B) Within 30 days of the retired member's 

RETIREMENT DATE, THE RETIRED MEMBER MAY 
ELECT TO CHANGE THE DESIGNATED BENEnCIARY 
FOR BENEHTS UNDER THIS SUBPARAGRAPH (IV). 

(C) If the DESIGNATED BENEHCIARY PREDECEASES 
THE RETIRED MEMBER WHILE STILL WITHIN 30 
DAYS OF THE RETIREMENT DATE, THE RETIRED 
MEMBER MAY DESIGNATE A NEW BENEHCIARY 
WITHIN 30 DAYS AFTER THE DESIGNATED 
BENEHCIARY'S DEATH. 

(D) If the designated benehciary predeceases 

THE RETIRED MEMBER WHILE WITHIN 30 DAYS OF 
THE RETIREMENT DATE AND THE RETIRED 
MEMBER DOES NOT DESIGNATE A NEW 
BENEHCIARY WITHIN 30 DAYS AFTER THE 
DESIGNATED BENEHCIARY' S DEATH OR IF THE 
DESIGNATED BENEHCIARY DIES ON OR AFTER THE 
3 1 ST DAY FOLLOWING THE RETIREMENT DATE: 

1 . THE RETIRED MEMBER RECEIVES THE 
MAXIMUM RETIREMENT ALLOWANCE, 
EFFECTIVE FROM THE 1ST DAY AFTER THE 
DEATH OF THE DESIGNATED 
BENEFICIARY; 

2. NO OTHER BENEHCIARY MAY BE 
DESIGNATED; AND 

3. ON THE RETIRED MEMBER'S DEATH, NO 
SURVIVORSHIP BENEFTT IS PAYABLE, 
WHETHER UNDER THIS SURVIVORSHIP 
OPTION OR THE MAXIMUM RETIREMENT 
ALLOWANCE. 

(V) Specific BENEFIT OPTION. 

(A) On the retired member's death, the MEMBER'S 
DESIGNATED BENEHCIARY WILL RECEIVE, AS 
ELECTED BY THE MEMBER BEFORE THE MEMBER'S 
RETIREMENT DATE: 



319 



Ord. 99-45 1 1 998- 1 999 Session 



1 . A SPECinC LUMP-SUM AMOUNT; OR 

2. A SPECinC PERIODICAL ALLOWANCE, 
PAYABLE TO THE DESIGNATED BENEHCIARY 
FOR LIFE. 

(B) This pre-determined beneht must be approved, 

AT THE time OF THE MEMBER'S RETIREMENT, BY THE 

Board of Trustees pursuant to the 
recommendation of the system's actuary. 

(C) Within 30 days of the retired member's 
retirement date, the retired member may elect 
to change the designated benehciary for 
benerts under this subparagraph (v). 

(D) If the DESIGNATED BENEHCIARY PREDECEASES THE 
RETIRED MEMBER WHILE STILL WITHIN 30 DAYS OF 
THE RETIREMENT DATE, THE RETIRED MEMBER MAY 
DESIGNATE A NEW BENEHCIARY WITHIN 30 DAYS 
AFTER THE DESIGNATED BENEHCIARY' S DEATH. 

(E) If the DESIGNATED BENEHCIARY PREDECEASES THE 
RETIRED MEMBER WHILE WITHIN 30 DAYS OF THE 
RETIREMENT DATE AND THE RETIRED MEMBER DOES 

NOT DESIGNATE A NEW BENEHCIARY WITHIN 30 DAYS 
AFTER THE DESIGNATED BENEHCIARY' S DEATH OR IF 
THE DESIGNATED BENEHCIARY DIES ON OR AFTER THE 
3 1st day FOLLOWING THE RETIREMENT DATE: 

1 . THE RETIRED MEMBER CONTINUES TO 
RECEIVE A LESSER RETIREMENT ALLOWANCE 
UNDER THIS SURVIVORSHIP OPTION; 

2. NO OTHER BENEFICIARY MAY BE 
DESIGNATED; AND 

3. ON THE RETIRED MEMBER'S DEATH, NO 
SURVIVORSHIP BENEHT IS PAYABLE. 



320 



1 998- 1 999 Session Ord. 99-45 1 



(3) Change of election within 30 da ys. 

(I) Any RETIRED MEMBER MAY ELECT TO MAKE THE 

CHANGES AUTHORIZED IN THIS PARAGRAPH (3) ON OR 
BEFORE THE LATER OF: 

(A) THE 30th day AFTER THE RETIRED MEMBER'S 
RETIREMENT DATE; OR 

(B) IF THE RETIRED MEMBER'S DESIGNATED 
BENEFICIARY PREDECEASES THE RETIRED 
MEMBER WHILE WITHIN 30 DAYS OF THE 
RETIREMENT DATE, THE 30TH DAY AFTER THE 
DESIGNATED BENERCIARY'S DEATH. 

(n) Within the periods specihed, a retired member may 

ELECT TO CHANGE: 

(A) THE RETIRED MEMBER'S MAXIMUM ALLOWANCE 
UNDER PARAGRAPH ( 1 ) OF THIS SUBSECTION TO 
ANY ONE OF THE ACTUARIALLY MODIFIED 
RETIREMENT ALLOWANCES UNDER PARAGRAPH 
(2) OF THIS SUBSECTION; 

(B) THE RETIRED MEMBER'S ELECTION FOR AN 
ACTUARIALLY MODIHED RETIREMENT 
ALLOWANCE UNDER PARAGRAPH (2) OF THIS 
SUBSECTION TO THE MAXIMUM ALLOWANCE 
UNDER PARAGRAPH (1) OF THIS SUBSECTION; OR 

(C) THE RETIRED MEMBER'S ELECTION FOR ONE 
ACTUARIALLY MODIHED RETIREMENT 
ALLOWANCE UNDER PARAGRAPH (2) OF THIS 
SUBSECTION TO ANY OTHER OF THE ALLOWANCES 
UNDER PARAGRAPH (2) OF THIS SUBSECTION. 

(Ill) ANY PAYMENTS MADE TO A RETIRED MEMBER UNDER THE 
ORIGINAL ELECTION SHALL BE TAKEN INTO ACCOUNT IN 
COMPUTING THE ALLOWANCE TO BE PAID UNDER THE 
SUBSEQUENT ELECTION. 



321 



Ord. 99-45 1 1 998- 1 999 Session 

(F) NON-LINE-OF-DUTY DEATH BENEFIT. 

(1) Scope OF SUBSECTION. 

This subsection (f) applies to a member who dies while 

SERVING as an ELECTED OFRCIAL FOR BALTIMORE CiTY, BUT 
WHOSE DEATH DOES NOT QUALIFY UNDER SUBSECTION (G) AS 
A LINE-OF-DUTY DEATH. 

(2) Lump-sum DEATH BENEFIT. 

(I) On receipt of a written application and proper 
proof of the death of a member in service, the 
Board of Trustees shall pay the lump-sum amount 
provided in this paragraph (2), but only if no 
benehts are paid under paragraph (3) of this 
subsection. 

(II) The lump-sum payment shall consist of: 

(A) THE MEMBER'S ACCUMULATED CONTRIBUTIONS; 
PLUS 

(B) IF THE MEMBER HAS ACQUIRED 1 OR MORE YEARS 
OF SERVICE, 50% OF THE MEMBER'S CURRENT 
ANNUAL COMPENSATION ON THE DATE OF THE 
MEMBER'S DEATH. 

(III) The lump-sum amount shall be paid: 

(A) TO the member's designated BENEnCIARY; 

(B) IF THERE IS NO DESIGNATED BENERCIARY OR IF 
THE DESIGNATED BENEHCIARY PREDECEASES THE 
MEMBER, TO THE MEMBER'S SURVIVING SPOUSE; 

(C) IF THERE IS NO DESIGNATED BENERCIARY AND NO 
SURVIVING SPOUSE, TO THE MEMBER'S CHILDREN, 
IN EQUAL SHARES; 

(D) IF THERE IS NO DESIGNATED BENEFICIARY, 
SURVIVING SPOUSE, OR SURVIVING CHILD, TO THE 



322 



1 998- 1 999 Session Ord. 99-45 1 



MEMBER'S SURVIVING PARENTS, IN EQUAL 
SHARES; AND 

(E) OTHERWISE, TO THE MEMBER'S ESTATE. 

(3) 100% SURVIVORSHIP DEATH BENEFIT. 

(I) If the member was eligible for a service 

RETIREMENT ALLOWANCE ON THE DATE OF THE MEMBER'S 
DEATH AND A PROPER APPLICATION IS BLED UNDER 
SUBPARAGRAPH (IV) OF THIS PARAGRAPH (3), THE BOARD 

OF Trustees shall pay a beneht equal to that 

WHICH WOULD HAVE BEEN PAID TO A SURVIVING 
BENERCIARY UNDER THE 100% SURVIVORSHIP BENEHT 
OF SUBSECTION (E)(2)(III)(A)1 OF THIS SECTION HAD THE 
MEMBER ELECTED THAT SURVIVORSHIP BENEHT IN FAVOR 
OF THAT BENERCIARY AND RETIRED AS OF THE DATE OF 
DEATH. 

(II) The BENEFIT SHALL BE PAID: 

(A) TO THE MEMBER'S DESIGNATED BENEHCIARY, TO 
CONTINUE FOR LIFE, AS LONG AS THAT 
DESIGNATED BENEFICIARY IS LIMITED TO: 

1 . THE MEMBER ' S SURVIVING SPOUSE TO 
WHOM THE MEMBER WAS MARRIED FOR 
AT LEAST 1 YEAR IMMEDIATELY BEFORE 
THE DATE OF THE MEMBER'S DEATH; OR 

2. THE MEMBER' S SURVIVING PARENT; OR 

(B) IF THE DESIGNATED BENEHCIARY IS NOT THE 
MEMBER'S SPOUSE AND THE BENEHCIARY 
PREDECEASES THE MEMBER, OR IF THERE IS NO 
DESIGNATED BENEHCIARY, THEN TO THE 
MEMBER'S SURVIVING SPOUSE, TO CONTINUE FOR 
LIFE, IF THE MEMBER WAS MARRIED TO THAT 
SPOUSE FOR AT LEAST 1 YEAR IMMEDIATELY 
BEFORE THE DATE OF THE MEMBER'S DEATH. 



323 



Ord. 99-45 1 1 998- 1 999 SESSION 



(III) If a member hles with the Board of Trustees a 

WRITTEN DESIGNATION THAT NAMES SOMEONE OTHER 
THAN A SPOUSE OR PARENT AS BENEnCIARY, AND IF THAT 
BENEFICIARY DOES NOT PREDECEASE THE MEMBER, THE 
BENEFITS OF THIS PARAGRAPH (3) ARE NOT AVAILABLE TO 
THE SURVIVING SPOUSE OR PARENT OF THE MEMBER. 

(IV) The beneht provided by this paragraph (3) is in 

PLACE OF ALL BENERTS PROVIDED UNDER PARAGRAPH (2) 
OF THIS subsection. 

(V) To RECEIVE THE BENERT PROVIDED UNDER THIS 
PARAGRAPH (3), THE SURVIVING SPOUSE OR PARENT MUST 
APPLY IN WRITING, ON FORMS PROVIDED BY THE BOARD 

OF Trustees, within 60 days after the death of the 

MEMBER. 

(5) Death WITHOUT BENEFICIARIES, HEIRS, OR ESTATE. 

The amounts that would have been paid under this 
subsection (e), excluding membership contribution 
accounts, with interest, forever remain assets of the 
system if: 

(i) a member dies without designating a 
beneficiary; 

(ii) that member has no heirs, as enumerated in 
§§3-102 through 3-104 of the estates and 
Trusts Article of the Maryland Code; and 

(III) NO estate for that member is opened within 2 
years of the member's death. 

(6) DEA TH of retired member within 30 DA YS OF RETIREMENT. 

(I) Scope OF PARAGRAPH. 

Except as specihed in subparagraph (ii) below, this 
paragraph (6) applies to: 

(a) a retired member who: 
324 



1 998- 1 999 Session Ord. 99-45 1 



1 . HAS BEEN GRANTED A RETIREMENT 
UNDER SUBSECTION (A), (B), (C) OR (D) 
OF THIS SECTION; 

2. DIES WITHIN 30 DAYS OF HIS OR HER 
RETIREMENT DATE; AND 

3 . DOES NOT DIE FROM INJURIES THAT 
CAUSED OR CONTRIBUTED TO THE 
MEMBER BEING AWARDED A RETIREMENT 
PURSUANT TO SUBSECTION (C) OF THIS 
SECTION; OR 

(B) A RETIRED MEMBER WHO: 

1 . RETIRES BEFORE REACHING AGE 50; 

2. WHEN APPLYING FOR RETIREMENT, 
ELECTS TO POSTPONE RECEIPT OF HIS OR 
HER RETIREMENT ALLOWANCE UNTIL AGE 
50 PURSUANT TO SUBSECTION (J) OF THIS 
SECTION; AND 

3 . DIES WITHIN 30 DAYS AFTER REACHING 
AGE 50. 

(II) Exception. 

This paragraph does not apply to a former member 
who terminates employment before reaching age 
50 without immediate entitlement to retirement 
benefits. 

(III) Death deemed to be during active service. 

Any retired member described in subparagraph (i) 
of this paragraph (6) is deemed to have died while 
serving as an elected ofhcial of baltimore city 
and, instead of any other service or disability 
benehts under this system, a death beneht under 
this subsection (e) will be paid as if the retired 
member died during active service. 



325 



Ord. 99-45 1 1 998- 1 999 SESSION 

(IV) Offset of pa yments received. 

Any pension bexehts paid by this system and 
received by the retired member or former member 
before he or she died shall be offset against the 
death bexehts payable under this paragraph. 

(f) line-of-duty death benefit. 

(1) Scope OF SUBSECTION. 

This subsection applies only to a member: 

(I) WHO dies while a member of this system; ANT) 

(II) WHOSE DEATH HAS BEEN DETERMINED BY A HEARING 
EXAMINER TO HAVE OCCURRED: 

(A) FROM THE NATLH-AL .AND PROXIMATE RESULT 
OF THE ACTUAL PERFORMANCE OF DUTY; AND 

(B) WITHOLT WILLFUL NEGLIGENCE ON THE PART 
OF THE MEMBER. 

(2) LiNE-OF-DUTY DEATH BENEFIT. 

(I) On the RECEIPT OF A WRITTEN APPLICATION, PROPER 

proof of death, ant> an award by a hearing 
examiner of a line-of-dlty death beneht, the 
Board of Trustees shall pay: 

(A) the member's ACCUMULATED CONTRIBUTIONS: 

1 . TO THE MEMBER' S DESIGNATED 
BENEHCIARY; 

2. IF THERE IS NO DESIGNATED 
BENEHCIARY, OR IF THE DESIGNATED 
BENEHCIARY PREDECEASES THE 
MEMBER, TO THE MEMBER'S SURVIVING 
SPOUSE; 



326 



1 998- 1 999 Session Ord. 99-45 1 



3. IF THERE IS NO DESIGNATED BENEHCIARY 
AND NO SURVIVING SPOUSE, TO THE 
MEMBER'S CHILDREN, IN EQUAL SHARES; 

4. IF THERE IS NO DESIGNATED 
BENTFICIARY, SURVIVING SPOUSE, OR 
SURVIVING CHILD, TO THE MEMBER'S 
SURVIVING PARENTS, IN EQUAL SHARES; 
AND 

5. OTHERWISE, TO THE MEMBER'S ESTATE; 
ANT) 

(B) A PENSION OF 100% OF THE MEMBER'S CLTIRENT 
ANNUAL COMPENSATION ON THE DATE OF THE 
MEMBER'S DEATH: 

1 . TO THE MEMBER' S SURVIVING SPOUSE, TO 
CONTINUE FOR LIFE OR REMARRIAGE; 

2. IF THERE IS NO SURVIVING SPOUSE OR IF 
THE SUTIVIVING SPOUSE DIES OR 
REMARRIES, TO THE MEMBER'S MINOR 
CHILDREN TO BE PAID TO EACH CHILD, IN 
EQUAL SHARES, UNTIL THAT CHILD IS NO 
LONGER MINOR, AS DERNED IN §47(H) OF 
THIS ARTICLE; 

3 . IF THERE IS NO SURVIVING SPOUSE OR 
MINOR CHILDREN, TO EITHER OR BOTH OF 
THE MEMBER'S SURVIVING DEPENDENT 
PARENTS WHO ARE DESIGNATED 
BENEHCI ARIES, TO CONTINUE FOR LIFE, 
IN THE PERCENTAGES DESIGNATED BY 
THE MEMBER; OR 

4. IF THERE IS NO SURVIVING SPOUSE OR 
MINOR CHILDREN AND IF THE DECEASED 
MEMBER DID NOT DESIGNATE HIS OR HER 
SURVIVING PARENTS AS BENEHCI ARIES, 
THEN TO EITHER OR BOTH OF THE 
MEMBER'S SURVIVING DEPENDENT 



327 



Ord. 99-45 1 1 998- 1 999 SESSION 



parents, to continue for life, as the 
Board of Trustees in its discretion 

DIRECTS. 

(II) For PURPOSES of subparagraph (i)(B)3. of this 

PARAGRAPH (2), "DEPENDENT" MEANS THE LEVEL OF 
DEPENDENCY REQUIRED BY INTERNAL REVENUE CODE 
§152. 

(III) For PURPOSES of this paragraph (2), when a 

MEMBER'S CHILD IS NO LONGER A MINOR AND 
CONSEQUENTLY CEASES TO RECEIVE BENEHTS UNDER 
THIS PARAGRAPH (2), EACH REMAINING MINOR CHILD 
SHALL BEGIN TO RECEIVE, IN ADDITION TO HIS OR HER 
EXISTING BENERT, AN EQUAL SHARE OF THE BENEHT 
FORMERLY PAID TO THE OTHER CHILD. THIS PROCESS 
CONTINUES UNTIL THE MEMBER ' S YOUNGEST CHILD IS NO 
LONGER A MINOR. 

(IV) For purposes of this paragraph (2), where a 

MEMBER'S LINE-OF-DUTY DEATH BENEHT IS PAID TO BOTH 
OF THE MEMBER'S SURVIVING PARENTS AND ONE PARENT 
DIES, THE REMAINING PARENT SHALL THEN BEGIN 
RECEIVING, IN ADDITION TO HIS OR HER EXISTING 
BENERT, THE BENERT FORMERLY PAID TO THE DECEASED 
PARENT. 

(3) Death on account of a line-of-duty injury. 
(I) Scope OF SUBSECTION. 

This paragraph (3) applies to any member who: 

(a) has been granted a retirement under 
subsection (c) of this section; 

(b) elects to receive maximum benefits or a 
lesser retirement allowance with 
actuarial modircation; and 

(c) dies from injuries that caused or 
contributed to the member being awarded 



328 



1 998- 1 999 Session Ord. 99-45 1 



A RETIREMENT PURSUANT TO SUBSECTION (C) OF 
THIS SECTION. 

(II) A MEMBER DESCRIBED IN SUBPARAGRAPH (l) OF THIS 
PARAGRAPH (3) IS CONSIDERED, FOR PURPOSES OF 
PARAGRAPH (l)(l) OF THIS SUBSECTION, TO HAVE DIED AS 
A MEMBER IN SERVICE. TO THE EXTENT TO WHICH THEY 
ARE ENTITLED, THE BENERCIARIES OF THE MEMBER 
SHALL RECEIVE LINE-OF-DUTY DEATH BENEHTS UNDER 
PARAGRAPH (2) OF THIS SUBSECTION (F). 

(Ill) Any accumulated contributions payable to the 

DESIGNATED BENEHCIARY OF A MEMBER WHOSE DEATH IS 
GOVERNED BY THIS PARAGRAPH (3) SHALL BE REDUCED 
BY THE AMOUNT OF ANNUITY PAYMENTS THAT THE 
DECEASED MEMBER PREVIOUSLY RECEIVED THROUGH A 
LINE-OF-DUTY DISABILITY RETIREMENT ALLOWANCE. 

(4) Death WITHOUT BENEFICIARIES, HEIRS, OR ESTATE. 

The AMOUNTS THAT WOULD HAVE BEEN PAID UNDER THIS 
PARAGRAPH (2), EXCLUDING MEMBERSHIP CONTRIBUTION 
ACCOUNTS, WITH INTEREST, FOREVER REMAIN ASSETS OF THE 
SYSTEM IF: 

(I) A MEMBER DIES WITHOUT DESIGNATING A 
BENEHCIARY; 

(II) THAT MEMBER HAS NO HEIRS, AS ENUMERATED IN 
§§3-102 THROUGH 3-104 OF THE ESTATES AND 

TRUSTS Article of the Maryland Code; and 

(III) NO ESTATE FOR THAT MEMBER IS OPENED WITHIN 2 
YEARS OF THE MEMBER'S DEATH. 

(G) Pensions OFFSET BY COMPENSATION BENEFITS. 

(1) Scope OF SUBSECTION. 

This subsection applies to an employee or the 
benehciary of an employee who: 



329 



Ord. 99-45 1 1 998- 1 999 SESSION 



(i) on account of a disability or death, was 
awarded a benefit paid by the city under the 
State Workers' Compensation Law; and 

(ii) on account of the same disability or death, 
was awarded a disability or death beneht 
from this system. 

(2) Method OF OFFSET. 

A MEMBER OR BENEFICIARY DESCRIBED IN PARAGRAPH (1) OF 
THIS SUBSECTION (G) SHALL HAVE THE FULL AMOUNT OF HIS 

OR HER Workers' Compensation benert offset against 
any disability or death beneht payable from this 
system until the total amount of the workers' 
Compensation beneht has been recovered. This offset 
shall be calculated using an actuarial method and 
appropriate annuity factors recommended by the 
system's actuary and approved by the board of 
Trustees. 

(3) Restoration of amount offset. 

On recovery of the full dollar amount of the 
Workers' Compensation benefit through the offset 
described in paragraph (2) of this subsection (g), the 

reduced disability or death BENEHT PAYABLE TO A 
MEMBER OR BENEHCIARY OF A DECEASED MEMBER OF THIS 
SYSTEM SHALL BE INCREASED TO THE FULL, UNREDUCED 
AMOUNT OF THE DISABILITY OR DEATH BENEHT PAYABLE TO 
THE MEMBER OR BENEHCIARY, AS APPROPRIATE. 

(H) Refund OF ACCUMULATED CONTRIBUTIONS. 

Any MEMBER WHO CEASES TO SERVE AS AN ELECTED OFHCIAL OF 

Baltimore City before becoming eligible to receive any 
benefits under this section may receive a refund of his or 
her accumulated contributions with interest credited to 
the member's last day in ofhce. 



330 



1 998- 1 999 Session Ord. 99-45 1 



(I) Forfeiture OF BENEFITS. 

(1) In GENERAL, 

No BENEHTS PROVIDED UNDER THIS SECTION WILL BE PAID 
OR PAYABLE TO ANY ELECTED OFHCIAL, OR HIS OR HER 
BENEHCIARY, WHO IS CONVICTED OF A JOB-RELATED 
OFFENSE, SUCH OFFENSE BEING EITHER A MISDEMEANOR OR 
FELONY PUNISHABLE BY INCARCERATION FOR MORE THAN SIX 
(6) MONTHS OR PUNISHABLE BY A HNE IN EXCESS OF $500.00. 

(2) Job-related DEFINED. 

to be job-related, the offense must be committed by 
the member in the performance of his duties as an 
Elected Ofhcial of the City of Baltimore and 
committed against the city of baltimore. 

(3) Conviction AFTER RETIREMENT. 

This prohibition will be applicable even though a 
retiree of this system or his or her benerciary is 
receiving benehts under this section at the time of 
said conviction. in such event, the retiree or his or 
her benerciary shall forfeit said benehts and be 
entitled to only the return of the member's 
accumulated contributions with interest less any 
beneht payments made under this section. 

(J) Postponement AND suspension of retirement benefits. 

(1) This subsection (i) applies to members who are no 
longer employed in a permanent ftjll-time or 
permanent part-time position with the city and were 

EITHER; 

(I) MEMBERS OF THIS SYSTEM WHO WERE ELIGIBLE TO 
RETIRE BUT CHOSE TO POSTPONE RECEIPT OF 
RETIREMENT BENEHTS TO BEGIN EMPLOYMENT IN A 
POSITION COVERED BY ANOTHER CiTY SYSTEM; OR 



331 



Ord. 99-45 1 1 998- 1 999 Session 



(ii) retirees who were receiving retirement 

benehts reom this system but chose to suspend 
receipt of those benehts to begin employment 
in a position covered by another city system. 

(2) Pursuant to §48 of this Article, members described in 
paragraph (1) of this subsection, on ceasing all 
permanent full-time and permanent part-time 
employment with the city, shall receive benehts 
calculated to include all increases in current 
annual earnable compensation set by this system 
under § 1 7 a(9) that the member or retiree would have 
been eligible to receive as a retiree had retirement 
benerts not been postponed or suspended. 

(K) Compliance with Internal Revenue Code §415. 

Notwithstanding any other provision of this subtitle, no 
benehts are provided under this subtitle to the extent 
that they exceed the limitations applicable to 
governmental plans in internal revenue code §415 and 
the regulations adopted under it. 

(L) COMPUANCE WITH INTERNAL REVENUE CODE §401 (A)(9). 

( 1 ) Distributions under this subtitle shall be made in 
accordance with the regulations adopted under 
Internal Revenue Code §401(a)(9), as applicable to 

THIS SYSTEM, INCLUDING REGULATION §1.401 (A)(9)-2, 

which regulations override any distribution options 
in this subtitle to the extent of any inconsistency. 
This subsection is intended to comply with the 

REQUIREMENTS OF INTERNAL REVENUE CODE §40 1(A)(9) TO 
THE EXTENT APPLICABLE TO THIS SYSTEM, AND SHALL NOT BE 
INTERPRETED TO IMPOSE ANY REQUIREMENTS ON THIS 
SYSTEM OR ON ANY MEMBER OR BENERCIARY BEYOND THOSE 
REQUIRED TO COMPLY WITH §40 1 (A)(9). THIS SUBSECTION 
ONLY SPECIHES THE LATEST PERMISSIBLE TIME BY WHICH 
DISTRIBUTIONS MUST BEGIN AND THE LONGEST PERMISSIBLE 
PERIOD OVER WHICH DISTRIBUTIONS MAY BE MADE, AND IN 
NO WAY PRECLUDES ANY EARLIER COMMENCEMENT OR MORE 
RAPID DISTRIBUTION PROVIDED FOR IN THIS SUBTITLE. 



332 



1 998- 1 999 Session Ord. 99-45 1 



(2) Distribution of a member's retirement beneht shall 
begin no later than the april 1 following the 
calendar year during which the member both has 
reached age iov2 and has terminated employment 
WITH THE City. Distribution shall be made over a 

PERIOD NOT extending BEYOND THE LIFE OF THE MEMBER OR 
THE JOINT LIVES OF THE MEMBER AND HIS OR HER 
BENEHCIARY. 

(3) If a member dies before distribution OF HIS OR HER 
RETIREMENT BENEHT BEGINS, THE MEMBER'S ENTIRE BENEHT 
SHALL BE DISTRIBUTED WITHIN 5 YEARS AFTER DEATH. THIS 
REQUIREMENT IS DEEMED SATISHED BY ANY DISTRIBUTION OF 
THE MEMBER'S BENEHT PAYABLE TO HIS OR HER BENERCIARY 
OVER A PERIOD NOT EXTENDING BEYOND THE LIFE OR LIFE 
EXPECTANCY OF THE BENEHCIARY, AS LONG AS THOSE 
DISTRIBUTIONS BEGIN NO LATER THAN DECEMBER 31 OF THE 
CALENDAR YEAR FOLLOWING THE CALENDAR YEAR OF THE 
MEMBER'S DEATH. HOWEVER, IF THE BENEHCIARY IS THE 
MEMBER'S SURVIVING SPOUSE, THE DATE ON WHICH THE 
DISTRIBUTIONS ARE REQUIRED TO BEGIN IS DECEMBER 3 1 OF 
THE CALENDAR YEAR IN WHICH THE MEMBER WOULD HAVE 
ATTAINED AGE IOV2 . THIS PARAGRAPH (3) DOES NOT APPLY 
IF DISTRIBUTION OF THE MEMBER'S BENEHT BEGAN BEFORE 
HIS OR HER DEATH AND THE REMAINING PORTION OF THE 
MEMBER'S BENEHT IS DISTRIBUTED AT LEAST AS RAPIDLY AS 
UNDER THE METHOD OF DISTRIBUTION BEING USED AT THE 
DATE OF THE MEMBER'S DEATH. ANY AMOUNT PAID TO A 
CHILD IS TREATED AS IF IT IS PAID TO THE SURVIVING SPOUSE 
WHEN THAT CHILD REACHES THE AGE OF MAJORITY. 

(M) Compensation LIMIT. 

(1) General RULE. 

The annual compensation of each member taken into 
account under this subtitle shall not exceed the 
federal omnibus budget reconciliation act of 1993 
("obra '93") annual compensation limit. the obra 
'93 annual compensation limit is $150,000, adjusted 
for cost of living increases under internal revenue 
Code §401(a)(17)(B) and subject to the fresh start 



333 



Ord. 99-45 1 1 998- 1 999 SESSION 



PROVISIONS SET FORTH IN PARAGRAPH (2) OF THIS 

SUBSECTION. The cost of living adjustment in effect 

FOR A CALENDAR YEAR APPLIES TO ANY PERIOD NOT 
EXCEEDING 12 MONTHS OVER WHICH COMPENSATION IS 
DETERMINED (THE "DETERMINATION PERIOD") BEGINNING IN 
THAT CALENDAR YEAR. IF A DETERMINATION PERIOD 
CONSISTS OF FEWER THAN 12 MONTHS, THE ANNUAL 
COMPENSATION LIMIT WILL BE MULTIPLIED BY A FRACTION, 
THE NUMERATOR OF WHICH IS THE NUMBER OF MONTHS IN 
THE SHORT DETERMINATION PERIOD AND THE DENOMINATOR 
OF WHICH IS 12. If COMPENSATION FOR ANY PRIOR 
DETERMINATION PERIOD IS TAKEN INTO ACCOUNT IN 
DETERMINING A MEMBER'S RETIREMENT BENERT IN THE 
CURRENT YEAR, THE COMPENSATION FOR THAT PRIOR 
DETERMINATION PERIOD IS SUBJECT TO THE OBRA '93 
ANNUAL COMPENSATION LIMIT FOR THAT PRIOR 
DETERMINATION PERIOD. FOR THIS PURPOSE, FOR 
DETERMINATION PERIODS BEGINNING BEFORE JULY 1, 1994, 
THE OBRA '93 ANNUAL COMPENSATION LIMIT IS $150,000. 

(2) Special RULE. 

(A) In this paragraph, "§401(a)(17) member" means any 

MEMBER ON OR AFTER JULY I, 1994, WHOSE ANNUAL 
COMPENSATION FOR ANY YEAR BEFORE 1994 EXCEEDED 
$150,000. 

(B) This paragraph (2) applies to determine the 

RETIREMENT BENEFIT OF A §401(A)(17) MEMBER. 

(C) The retirement beneht of a §401(a)(17) member 

SHALL BE THE GREATER OF (I) OR (ll) BELOW: 

(I) THE MEMBER'S RETIREMENT BENEFIT ON JUNE 30, 
1994, DETERMINED AS THOUGH THE MEMBER 
TERMINATED SERVICE WITH THE CiTY ON THAT 
DATE, WITHOUT REGARD TO ANY AMENDMENTS 
TO THIS SUBTITLE ENACTED AFTER THAT DATE 
AND TAKING INTO ACCOUNT ANNUAL 
COMPENSATION UP TO THE APPLICABLE 
§401(A)(17) LIMITATION FOR EACH YEAR BEFORE 

July 1, 1994; or 



334 



1 998- 1 999 Session Ord. 99-45 1 



(II) THE MEMBER'S RETIREMENT BENEFIT, 
DETERMINED WITHOUT REGARD TO THIS 
PARAGRAPH (2). 

(N) Eligible rollover distribution. 
(1) Definitions. 

(A) In THIS SUBSECTION, THE FOLLOWING TERMS HAVE THE 
MEANINGS INDICATED: 

(B) (I) "Eligible rollover distribution" means any 

DISTRIBUTION OF ALL OR ANY PORTION OF THE 
BALANCE TO THE CREDIT OF THE DISTRIBUTEE. 

(II) "Eligible rollover distribution" does not 

INCLUDE: 

1 . ANY DISTRIBUTION THAT IS ONE OF A SERIES 
OF SUBSTANTIALLY EQUAL PERIODIC 
PAYMENTS (NOT LESS FREQUENTLY THAN 
ANNUALLY) MADE FOR THE LIFE (OR LIFE 
EXPECTANCY) OF THE DISTRIBUTEE OR THE 
JOINT LIVES (OR JOINT LIFE EXPECTANCIES) 
OF THE DISTRIBUTEE AND THE DISTRIBUTEE' S 
DESIGNATED BENEHCIARY, OR FOR A 
SPECIHED PERIOD OF 10 YEARS OR MORE; 

2. ANY DISTRIBUTION TO THE EXTENT THAT IT IS 
REQUIRED UNDER INTERNAL REVENUE CODE 
§40 1(A)(9); AND 

3 . THE PORTION OF ANY DISTRIBUTION THAT IS 
NOT INCLUDIBLE IN GROSS INCOME, 
DETERMINED WITHOUT REGARD TO THE 
EXCLUSION FOR NET UNREALIZED 
APPRECIATION WITH RESPECT TO EMPLOYER 
SECURITIES. 

(C) (I) "Eligible retirement plan" means any of the 

FOLLOWING THAT ACCEPTS THE DISTRIBUTEE'S 
eligible rollover DISTRIBUTION: 



335 



Ord. 99-45 1 1 998- 1 999 SESSION 



1 . AN INDIVIDUAL RETIREMENT ACCOUNT 
DESCRIBED IN INTERNAL REVENUE CODE 
§408(A); 

2. AN INDIVIDUAL RETIREMENT ANNUITY 
DESCRIBED IN INTERNAL REVENUE CODE 
§408(B); 

3 . an annuity plan described in internal 
Revenue Code §403(a); or 

4. a qualihed trust described in internal 
Revenue Code §401(a). 

(II) However, in the case of an eligible rollover 

DISTRIBUTION TO THE SURVIVING SPOUSE, AN 
ELIGIBLE RETIREMENT PLAN IS AN INDIVIDUAL 
RETIREMENT ACCOUNT OR INDIVIDUAL RETIREMENT 
ANNUITY. 

(D) (I) "Distributee" means an employee or former 

EMPLOYEE. 

(II) In addition, the employee's or former 

EMPLOYEE'S SURVIVING SPOUSE AND THE 
EMPLOYEE'S OR FORMER EMPLOYEE'S SPOUSE OR 
FORMER SPOUSE WHO IS THE ALTERNATE PAYEE 
UNDER A QUALIFIED DOMESTIC RELATIONS ORDER, AS 
DEFINED IN INTERNAL REVENUE CODE §414(P), ARE 
"DISTRIBUTEES" WITH REGARD TO THE INTEREST OF 
THE SPOUSE OR FORMER SPOUSE. 

(E) "Direct rollover" means a payment under this 

SUBTITLE TO THE ELIGIBLE RETIREMENT PLAN SPECIFIED 
BY THE DISTRIBUTEE. 

(2) Direct ROLLOVERS. 

Notwithstanding any provision of this subtitle that 
would otherwise limit a distributee's election under 
this section, a distributee may elect, at the time and 
in the manner prescribed by the board of trustees, to 



336 



1 998- 1 999 Session Ord. 99-452 



HAVE ANY PORTION OF AN ELIGIBLE ROLLOVER DISTRIBUTION 
PAID DIRECTLY TO AN ELIGIBLE RETIREMENT PLAN SPECIHED 
BY THE DISTRIBUTEE IN A DIRECT ROLLOVER. 

Section 3. And be it further ordained, That the catchUnes 
contained in this Ordinance are not law and may not be considered to 
have been enacted as a part of this or any prior Ordinance. 

Section 4. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-452 
Council Bill 99-1003 

An Ordinance Concerning 



Supplementary Federal Grant Fund Operating Appropriation — 
Fire Department — $214,050 

For the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation in the amount of $214,050 to the Fire 
Department — Program 212 (Fire Suppression), to equip the Fire 
Department Rescue and Haz-mat Units and the Police Department 
Tactical Unit with the resources necessary to enhance the safety and 
well being of Baltimore's citizens; and providing for a special effective 
date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
U.S. Department of Justice in excess of the revenue relied on by the Board 



337 



Ord. 99-453 1 998- 1 999 Session 



of Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

That grant could not have been expected with reasonable certainty 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

On April 21, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $214,050 shall be made available to the Fire Department 
— Program 212 (Fire Suppression) as a Supplementary Federal Grant Fund 
Operating Appropriation for Fiscal Year 1 999, to equip the Fire Department 
Rescue and Haz-mat Units and the Police Department Tactical Unit with the 
resources necessary to enhance the safety and well being of Baltimore's 
citizens. The source of revenue for this appropriation is a grant from the 
U.S. Department of Justice in excess of the amount from this source that 
was relied on by the Board of Estimates in determining the tax levy required 
to balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-453 
Council Bill 99-1004 

An Ordinance Concerning 



Supplementary General Fund Capital Appropriation — 
Department of Housing and Community Development — $850,000 

For the purpose of providing a Supplementary General Fund Capital 

Appropriation in the amount of $850,000 to the Department of Housing 
and Community Development — Account # 991 1-588-853, to provide 
funding for the demolition of the Lexington Terrace Elementary School; 
and providing for a special effective date. 



338 



1 998- 1 999 Session Ord. 99-453 



By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Fiscal 1998 General Fund balance in excess of the revenue relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On April 21, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $850,000 shall be made available to the Department of 
Housing and Community Development — Account # 991 1-588-853 as a 
Supplementary General Fund Capital Appropriation for Fiscal Year 1 999, to 
provide funding for the demolition of the Lexington Terrace Elementary 
School. The source of revenue for this appropriation is funds from the 
Fiscal 1 998 General Fund balance in excess of the amount from this source 
that was relied on by the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved June 25, 1999 

Kurt L. Schmoke, Mayor 



339 



Ord. 99-454 1 998- 1 999 SESSION 



City of Baltimore 
Ordinance 99-454 
Council Bill 99-1005 

An Ordinance Concerning 

Supplementary Federal Grant Fund Operating Appropriation — 
Fire Department — $14,800 

For the purpose of providing a Supplementary Federal Grant Fund 
Operating Appropriation in the amount of $14,800 to the Fire 
Department — Program 215 (Fire Communications), for the Emergency 
Medical Dispatcher Continuing Education Program to purchase training 
materials and to pay training instructors; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(2) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents a grant from the 
Federal Highway Administration in excess of the revenue relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1999. 

That grant could not have been expected with reasonable certainty 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

On April 21, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $14,800 shall be made available to the Fire Department 
— Program 215 (Fire Communications) as a Supplementary Federal Grant 
Fund Operating Appropriation for Fiscal Year 1999, for the Emergency 
Medical Dispatcher Continuing Education Program to purchase training 
materials and to pay training instructors. The source of revenue for this 
appropriation is a grant from the Federal Highway Administration in excess 
of the amount from this source that was relied on by the Board of Estimates 



340 



1 998- 1 999 Session Ord. 99-455 



in determining the tax levy required to balance the budget for Fiscal Year 
1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-455 
Council Bill 99-1029 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Department of Housing and Community Development — $625,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $625,000 to the Department of Housing 
and Community Development - Program 260 (Construction & Building 
Inspection), for additional operating expenses; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from 
Building Construction Permits in excess of the revenue relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 999 was 



341 



Ord. 99-456 1 998- 1 999 SESSION 



formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 5, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltlmore, That $625,000 shall be made available to the Department of 
Housing and Community Development - Program 260 (Construction & 
Building Inspection) as a Supplementary General Fund Operating 
Appropriation for Fiscal Year 1999, to provide funding for additional 
operating expenses. The source of revenue for this appropriation is funds 
from Building Construction Permits, in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-456 
Council Bill 99-1030 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Fire Department — $3,100,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $3,100,000 to the Fire Department - 
Program 212 (Fire Suppression), to provide funding for additional 
operating expenses related to overtime; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 



342 



1 998- 1 999 Session Ord. 99-457 



Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Property Transfer Tax in excess of the revenue rehed on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 5, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,100,000 shall be made available to the Fire 
Department — Program 212 (Fire Suppression) as a Supplementary General 
Fund Operating Appropriation for Fiscal Year 1999, to provide funding for 
additional operating expenses related to overtime. The source of revenue 
for this appropriation is funds from the Property Transfer Tax in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-457 
Council Bill 99-1031 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation 
Fire Department — $1,400,000 



343 



Ord. 99-457 1 998- 1 999 Session 



For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $1 ,400,000 to the Fire Department — 
Program 212 (Fire Suppression), to provide funding for additional 
operating expenses related to employee leave payments; and providing 
for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Income Tax, Recordation Tax, and Hotel Tax in excess of the revenue relied 
on by the Board of Estimates in determining the tax levy required to balance 
the budget for Fiscal Year 1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 5, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltlmore, That $1,400,000 shall be made available to the Fire 
Department — Program 212 (Fire Suppression) as a Supplementary General 
Fund Operating Appropriation for Fiscal Year 1999, to provide funding for 
additional operating expenses related to employee leave payments. The 
source of revenue for this appropriation is funds from the Income Tax 
($131,000), Recordation Tax ($845,000), and Hotel Tax ($424,000) in 
excess of the amount from these sources that were relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



344 



1 998- 1 999 Session Ord. 99-458 



Approved June 25, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-458 
Council Bill 99-1032 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
State's Attorney's Office — $350,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $350,000 to the State's Attorney's 
Office - Program 115 (Prosecution of Criminals), for additional 
operating expenses; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Transfer Tax in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 5, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 



345 



Ord. 99-459 1 998- 1 999 SESSION 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $350,000 shall be made available to the State's 
Attorney's Office - Program 1 15 (Prosecution of Criminals) as a 
Supplementary General Fund Operating Appropriation for Fiscal Year 
1999, to provide funding for additional operating expenses. The source of 
revenue for this appropriation is funds from the Transfer Tax, in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-459 
Council Bill 99-1033 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
MR-Miscellaneous General Expenses — $995,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $995,000 to the MR-Miscellaneous 
General Expenses - Program 122 (Misc. General Expenses), for 
additional operating expenses; and providing for a special effective 
date. 

By authority of 

Article VI - Board of Estimates 

Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Hotel Tax in excess of the revenue relied on by the Board of Estimates in 



346 



1 998- 1 999 Session Ord. 99-460 



determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1 999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 5, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $995,000 shall be made available to the MR- 
Miscellaneous General Expenses - Program 122 (Misc. General Expenses) 
as a Supplementary General Fund Operating Appropriation for Fiscal Year 
1999, to provide funding for additional operating expenses. The source of 
revenue for this appropriation is funds from the Hotel Tax, in excess of the 
amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-460 
Council Bill 99-1034 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Police Department — $2,800,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $2,800,000 to the Police Department 



347 



Ord. 99-460 1 998- 1 999 Session 



Program 201 (Field Operations Bureau), for additional operating 
expenses related to overtime; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Income Tax in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 5, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
B.ALTIMORE, That $2,800,000 shall be made available to the Police 
Department - Program 201 (Field Operations Bureau) as a Supplementary 
General Fund Operating Appropriation for Fiscal Year 1999, to provide 
funding for additional operating expenses. The source of revenue for this 
appropriation is funds from the Income Tax, in excess of the amount from 
this source that was relied on by the Board of Estimates in determining the 
tax levy required to balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved June 25, 1999 

Kurt L. Schmoke, Mayor 



348 



1 998- 1 999 Session Ord. 99-46 1 



City of Baltimore 
Ordinance 99-461 
Council Bill 99-1035 

An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
Police Department — $1,500,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $ 1 ,500,000 to the Police Department - 
Program 201 (Field Operations Bureau), for additional operating 
expenses related to employee leave payments; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Recordation Tax in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1 999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 5, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 



349 



Ord. 99-462 1 998- 1 999 Session 



Section 1. Be it ordained by the Mayor and City Council of 
B.ALTEVIORE, That $1,500,000 shall be made available to the Police 
Department - Program 201 (Police Field Operations Bureau) as a 
Supplementary General Fund Operating Appropriation for Fiscal Year 
1999, to provide funding for additional operating expenses. The source of 
revenue for this appropriation is funds from the Recordation Tax, in excess 
of the amount from this source that was relied on by the Board of Estimates 
in determining the tax levy required to balance the budget for Fiscal Year 
1999. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-462 
Council Bill 99-1039 

An Ordinance Concerning 

Annual Property Tax — Fiscal Year 2000 

For the purpose of providing a tax for the use of the Mayor and City 
Council of Baltimore for the period July 1, 1999, through June 30, 
2000. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That for the period July 1, 1999, through June 30, 2000, a tax 
of $5.82 is levied and imposed on every $100 of assessed or assessable 
value of property in the City of Baltimore (except property that is exempt by 
law from this rate) for the use of the Mayor and City Council of Baltimore, 
and this tax shall be paid and collected in the manner prescribed by law. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 25, 1999 

Kurt L. Schmoke, Mayor 



350 



1 998- 1 999 Session Ord. 99-463 



City of Baltimore 
Ordinance 99-463 
Council Bill 99-1041 

An Ordinance Concerning 

Supplementary General Fund Operating Appropriation — 
Department of Public Works — $240,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $240,000 to the Department of Public 
Works — Program 193 (Building Maintenance), to provide funding for 
a chiller replacement for Courthouse East; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Lien Reports in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 12, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordaestd by the Mayor and City Council of 
Baltimore, That $240,000 shall be made available to the Department of 
Public Works — Program 193 (Building Maintenance) as a Supplementary 
General Fund Operating Appropriation for Fiscal Year 1999, to provide 

351 



Ord. 99-464 1 998- 1 999 SESSION 



funding for a chiller replacement for Courthouse East. The source of 
revenue for this appropriation is funds from the Lien Reports in excess of 
the amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-464 
Council Bill 99-1042 

An Ordinance Concerning 

Supplementary General Fund Capital Appropriation — 
Mayoralty Related — $150,000 

For the purpose of providing a Supplementary General Fund Capital 
Appropriation in the amount of $150,000 to the Mayoralty Related — 
Account #9904-127-048, to provide funding for the MBEAVBE 
Disparity Study; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Income Tax in excess of the revenue relied on by the Board of Estimates in 
determinine the tax levy required to balance the budget for Fiscal Year 
1999. 

Tliis additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 



352 



1 998- 1 999 Session Ord. 99-465 



This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 1 2, 1 999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $150,000 shall be made available to the Mayoralty 
Related — Account #9904-127-048 as a Supplementary General Fund 
Capital Appropriation for Fiscal Year 1999, to provide funding for the 
MBEAVBE Disparity Study. The source of revenue for this appropriation is 
the Income Tax in excess of the amount from this source that was relied on 
by the Board of Estimates in determining the tax levy required to balance 
the budget for Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-465 
Council Bill 99-1043 

An Ordinance Concerning 

Supplementary General Fund Capital Appropriation — 
Department of Public Works — $600,000 

For the purpose of providing a Supplementary General Fund Capital 
Appropriation in the amount of $600,000 to the Department of Public 
Works — Account #9916-194-050, to provide appropriations for the 
replacement of the Baltimore City Siren System; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 



353 



Ord. 99-466 1 998- 1 999 SESSION 



Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from 
Solid Waste Surcharge ($300,000) and Drug Forfeitures ($300,000) in 
excess of the revenue relied on by the Board of Estimates in determining the 
tax levy required to balance the budget for Fiscal Year 1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 12, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $600,000 shall be made available to the Department of 
Public Works — Account #9916-194-050 as a Supplementary General Fund 
Capital Appropriation for Fiscal Year 1999, to provide funding for the 
replacement of the Baltimore City Siren System. The source of revenue for 
this appropriation is the Solid Waste Surcharge ($300,000) and Drug 
Forfeitures ($300,000) in excess of the amount from this source that was 
relied on by the Board of Estimates in determining the tax levy required to 
balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-466 
Council Bill 99-1044 

An Ordinance Concerning 

354 



I 



1 998- 1 999 Session Ord. 99-466 



Supplementary Parking Management Fund Capital Appropriation — 
Department of Public Works — $38,000 

For the purpose of providing a Supplementary Parking Management Fund 
Capital Appropriation in the amount of $38,000 to the Department of 
Public Works — Program 580 (Account #9964-580-010), to provide 
funding for the installation of a fence at a City-owned parking lot; and 
providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents Parking Lot 
Revenue in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 12, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $38,000 shall be made available to the Department of 
Public Works — Program 580 (Account #9964-580-010) as a 
Supplementary Parking Management Fund Capital Appropriation for Fiscal 
Year 1999, to provide funding for the installation of a fence at a City-owned 
parking lot. The source of revenue for this appropriation is Parking Lot 
Revenue in excess of the amount from this source that was relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1999. 



355 



Ord. 99-467 1 998- 1 999 SESSION 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-467 
Council Bill 99-1045 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
MR-Miscellaneous General Expenses — $250,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $250,000 to the MR-Miscellaneous 
General Expenses — Program 122 (Misc. General Expenses), to 
provide funding for operating expenses for the Y2K Readiness Project; 
and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Income Tax in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropnation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 



356 



1 998- 1 999 Session Ord. 99-468 



On May 12, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $250,000 shall be made available to the MR- 
Miscellaneous General Expenses — Program 122 (Misc. General Expenses) 
as a Supplementary General Fund Operating Appropriation for Fiscal Year 
1999, to provide funding for operating expenses for the Y2K Readiness 
Project. The source of revenue for this appropriation is from the Income 
Tax in excess of the amount from this source that was relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kuril. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-468 
Council Bill 99-1046 

An Ordinance Concerning 



Motor Vehicle Fund Operating Appropriation Transfer — 

MR-General Debt Service (Program 123) to 
Department of Public Works (Program 513) — $2,194,700 

For the purpose of transferring a Motor Vehicle Fund Operating 

Appropriation in the amount of $2,194,700 from MR-General Debt 
Service (Program 123) to Department of Public Works (Program 513 
Solid Waste Maintenance); and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 9(a)(2) 
Baltimore City Charter 
(1996 Edition) 



357 



Ord. 99-469 1 998- 1 999 SESSION 



Recitals 

Article VI, § 9(a)(2) of the City Charter provides that, on 
recommendation of the Board of Estimates, the City Council by ordinance 
may authorize the transfer of an appropriation contained in the Ordinance of 
Estimates from one municipal agency to another municipal agency. 

The sum of $2,194,700, as appropriated to the MR-General Debt 
Service (Program 123) in the Fiscal 1999 Ordinance of Estimates, is not 
needed for the purpose for which it was appropriated and, therefore, is 
available for transfer to another agency. 

On May 12, 1999, the Board of Estimates recommended the transfer 
authorized by this Ordinance. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the sum of $2,194,700, contained in the Fiscal 1999 
Ordinance of Estimates as a Motor Vehicle Fund Appropriation, is 
transferred from MR-General Debt Service (Program 123) to Department of 
Public Works (Program 513 - Solid Waste Maintenance). 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved June 25, 1999 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 99-469 
Council Bill 99-1056 

An Ordinance Concerning 

Fire and Police Employees' Retirement System — 
Special Adjustments 

For the purpose of reducing the amount of contributions to be made during 
a certain period; providing for certain on e tim e , lump-sum payments to 
certain retired members or beneficiaries; providing for a special 



358 



1 998- 1 999 Session Ord. 99-469 



effective date; and generally relating to the Fire and Police Employees' 
Retirement System. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, notwithstanding Article 22, § 36(h) or any other 
provision of Article 22 to the contrary, for any member in service who is an 
employee of the Baltimore City Police Department or the Baltimore City 
Fire Department as of June 30, 1999, the amount of contributions required 
under Article 22, § 36(h), shall be reduced by an amount equal to $20 for 
each payroll period, starting with the first payroll date after June 30, 1999, 
and continuing for the next 25 payroll periods. The contribution of an 
employee may not be reduced below zero dollars as a result of this 
reduction. Any reduction in employee contributions funded through net 
unallocated excess earnings shall, for benefit purposes, be treated as regular 
member contributions. Thus, for eligible Deferred Retirement Option Plan 
participants, the Deferred Retirement Option Plan Annuity Saving Fund 
sub-account shall be credited as if the full regular member contributions 
were made by the employee. The adjustments to make the Deferred 
Retirement Option Plan and non-Deferred Retirement Option Plan member 
accounts whole shall be made according to a method approved by the Board 
of Trustees. 

Section 2. And be it further ordained, That, notwithstanding any 
provision of Article 22 to the contrary, any retired member whose 
retirement takes effect on or after July 1, 1998, and on or before June 30, 
1999, shall receive a one time, lump sum payment two lump-sum payments 
of $300 each from the Fire and Police Employees' Retirement System , one 
payment to be made on or about August 15, 1999, and the other on or about 
December 1. 1999 . In addition, any beneficiary of a deceased member who 
begins receiving a periodic benefit on or aft e r July 1, 1998, and on or before 
June 30, 1999, shall receive a one time, lump sum payment two lump-sum 
payments of $225 each from the System , one payment to be made on or 
about August 15, 1999, and the other on or about December 1, 1999 . These 
lump sum payments shall be made as soon as administratively feasibl e after 
June 30, 1999. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 25, 1999 

Kurt L. Schmoke, Mayor 



359 



Ord. 99-470 1 998- 1 999 Session 



City of Baltimore 
Ordinance 99-470 
Council Bill 99-1063 

An Ordinance Concerning 

Supplementary Capital Fund Appropriation — 
Department of Public Works — $3,818,600 

For the purpose of providing a Supplementary Capital Fund Appropriation 
in the amount of $3,818,600 to the Department of Public Works 
(Account #9964-580-015), to provide appropriations for the South 
Baltimore Parking Garage; and providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from State 
Aid ($1.26 million), 15th Off-Street Parking Bonds ($1.26 million) and 
Special sources ($1,298,000) in excess of the revenue relied on by the 
Board of Estimates in determining the tax levy required to balance the 
budget for Fiscal Year 1 999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On May 26, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $3,81 8,600 shall be made available to the Department of 
Public Works (Account #9964-580-015) as a Supplementary Capital Fund 
Appropriation for Fiscal Year 1999, to provide appropriations for the South 



360 



1 998- 1 999 Session Ord. 99-47 1 



Baltimore Parking Garage. The source of revenue for this appropriation is 
State Aid ($1.26 million), 15th Off-Street Parking Bonds ($1.26 million) 
and Special sources ($1,298,000) in excess of the amount from this source 
that was relied on by the Board of Estimates in determining the tax levy 
required to balance the budget for Fiscal Year 1999. 

Section 2. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-471 
Council Bill 99-1081 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
MR-Miscellaneous General Expenses — $100,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $100,000 to the MR-Miscellaneous 
General Expenses — Program 122 (Misc. General Expenses), to 
establish the Rat Rub-Out Fund; and providing for a special effective 
date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
sale of surplus property in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1999 was formulated. 



361 



Ord. 99-472 1 998- 1 999 SESSION 



This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On June 1 0, 1 999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $100,000 shall be made available to the MR- 
Miscellaneous General Expenses — Program 122 (Misc. General Expenses) 
as a Supplementary General Fund Operating Appropriation for Fiscal Year 
1999, to establish the Rat Rub-Out Fund. The source of revenue for this 
appropriation is funds from the sale of surplus property in excess of the 
amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



KurtL. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-472 
Council Bill 99-1082 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
MR-Miscellaneous General Expenses — $100,000 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $100,000 to the MR-Miscellaneous 
General Expenses — Program 122 (Misc. General Expenses), to 
establish the Police Overtime Fund; and providing for a special 
effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 



362 



1 998- 1 999 Session Ord. 99-473 



Baltimore City Charter 
(1996 Edition) 



Recitals 



The revenue appropriated by this Ordinance represents funds from the 
sale of surplus property in excess of the revenue relied on by the Board of 
Estimates in determining the tax levy required to balance the budget for 
Fiscal Year 1999. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 1 999 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 1999 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On June 10, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $100,000 shall be made available to the MR- 
Miscellaneous General Expenses — Program 122 (Misc. General 
Expenses), as a Supplementary General Fund Operating Appropriation for 
Fiscal Year 1999, to provide funding to establish the Police Overtime Fund. 
The source of revenue for this appropriation is funds from the sale of 
surplus property in excess of the amount from this source that was relied on 
by the Board of Estimates in determining the tax levy required to balance 
the budget for Fiscal Year 1999. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 25, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-473 
Council Bill 99-1083 

An Ordinance Concerning 
363 



Ord. 99-473 1 998- 1 999 Session 



Supplementary General Fund Operating Appropriation — 
Department of Recreation and Parks — $88,130 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $88,130 to the Department of 
Recreation and Parks — Program 471 (Administrative Direction and 
Control), to provide funding for additional operating expenses; and 
providing for a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Energy Tax in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
2000. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 2000 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 2000 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On June 10, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $88,130 shall be made available to the Department of 
Recreation and Parks — Program 47 1 (Administrative ) as a Supplementary 
General Fund Operating Appropriation for Fiscal Year 2000, to provide 
funding for additional operating expenses. The source of revenue for this 
appropnation is funds from the energy tax in excess of the amount from this 
source that was relied on by the Board of Estimates in determining the tax 
levy required to balance the budget for Fiscal Year 2000. 



364 



1 998- 1 999 Session Ord. 99-474 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-474 
Council Bill 99-1084 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Department of Recreation and Parks — $212,077 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $212,077 to the Department of 
Recreation and Parks — Program 478 (General Park Services), to 
provide funding for additional operating expenses; and providing for a 
special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Energy Tax in excess of the revenue relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
2000. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 2000 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 2000 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 



365 



Ord. 99-475 1 998- 1 999 SESSION 



On June 10, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $212,077 shall be made available to the Department of 
Recreation and Parks — Program 478 (General Park Services) as a 
Supplementary General Fund Operating Appropriation for Fiscal Year 
2000, to provide funding for additional operating expenses. The source of 
revenue for this appropriation is funds from the Energy Tax in excess of the 
amount from this source that was relied on by the Board of Estimates in 
determining the tax levy required to balance the budget for Fiscal Year 
2000. 

{Editor's note: Section 2 of this Ordinance, which provided that 
this bill takes effect on the date it is enacted, was included in the First Reader 
copy of this bill, but it was inadvertently omitted when the Third Reader copy 
was created. } 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-475 
Council Bill 99-1085 

An Ordinance Concerning 



Supplementary General Fund Operating Appropriation — 
Department of Recreation and Parks — $1,499,793 

For the purpose of providing a Supplementary General Fund Operating 
Appropriation in the amount of $1 ,499,793 to the Department of 
Recreation and Parks — Program 480 (Regular Recreational Services), 
to provide funding for additional operating expenses; and providing for 
a special effective date. 

By authority of 

Article VI - Board of Estimates 
Section 8(b)(3) and (c) 
Baltimore City Charter 
(1996 Edition) 



366 



1 998- 1 999 Session Ord. 99-476 



Recitals 

The revenue appropriated by this Ordinance represents funds from the 
Energy Tax ($199,793) and the Fiscal 1998 Fund Balance ($1.3 million) in 
excess of the revenue relied on by the Board of Estimates in determining the 
tax levy required to balance the budget for Fiscal Year 2000. 

This additional revenue could not have been reasonably anticipated 
when the Ordinance of Estimates for Fiscal Year 2000 was formulated. 

This appropriation is made necessary by a material change in 
circumstances since the Ordinance of Estimates for Fiscal Year 2000 was 
formulated or is for a new program that could not have been reasonably 
anticipated when that Ordinance of Estimates was formulated. 

On June 10, 1999, the Board of Estimates recommended this 
appropriation to the City Council. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That $1,499„793 shall be made available to the Department of 
Recreation and Parks — Program 480 (Regular Recreational Services) as a 
Supplementary General Fund Operating Appropriation for Fiscal Year 
2000, to provide funding for additional operating expenses. The source of 
revenue for this appropriation is funds from the Energy Tax ($199,793) and 
the Fiscal 1998 Fund Balance ($1.3 million) in excess of the amount from 
this source that was relied on by the Board of Estimates in determining the 
tax levy required to balance the budget for Fiscal Year 2000. 

Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 25, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-476 
Council Bill 99-979 

An Ordinance Concerning 

Bond Issue — Living Classrooms Loan — $1,000,000 



367 



Ord. 99-476 1 998- 1 999 Session 



For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution Vn of 1999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
condemnation, or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 
buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities, 
including but not limited to, the re-creation of a historic, working 
marine railway and shipyard, and the restoration of traditional 
Chesapeake Bay vessels, to be or now being used in connection with the 
operations, functions, and activities of the Living Classrooms 
Foundation; and to equip all facilities authorized to be constructed, 
renovated, altered or improved by the provisions hereof; the payment of 
any and all costs and expenses incurred for or in connection with doing 
any or all of the things herein mentioned, including, but not limited to, 
the costs and expenses of securing administrative, appraisal, economic 
analysis, engineering, planning, designing, architectural, surveying, and 
other professional services; and for doing any and all things necessary, 
proper or expedient in connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned; authorizing the issuance of 
refunding bonds; conferring and imposing upon the Board of Finance of 
Baltimore City certain powers and duties; authorizing the submission of 
this Ordinance to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Municipal Election to be held in 
Baltimore City on Tuesday, the 2nd day of November, 1999 and 
providing for the expenditure of the proceeds of sale of said certificates 
of indebtedness in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency 
designated in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Recitals 

By Resolution Vn of 1999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 



368 



1 998- 1 999 Session Ord. 99-476 



Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
operations, functions, and activities of the Living Classrooms Foundation as 
authorized by said Resolution. 

Funds are now needed for said purposes. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained. That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 



369 



Ord. 99-476 1 998- 1 999 Session 



Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof). 



370 



1 998- 1 999 Session Ord. 99-476 



shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1999. 

Section 7. And be it further ordained. That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 



371 



Ord. 99-476 1 998- 1 999 Session 



(a) So much thereof as may be necessary, in addition to the 
premium reahzed from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities, including but not limited to, 
the re-creation of a historic, working marine railway and shipyard, and the 
restoration of traditional Chesapeake Bay vessels, to be or now being used 
for or in connection with the operations, functions and activities of the 
Living Classrooms Foundation; and to equip all buildings authorized to be 
constructed, renovated, altered or improved under the provisions hereof; the 
payment of any and all costs and expenses incurred for or in connection 
with doing any or all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, architectural, 
surveying, and other professional services; and for doing any and all things 
necessary, proper or expedient in connection with or pertaining to any or all 
of the matters or things hereinbefore mentioned. 

Section 9. And be it further ordained. That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 



372 



1 998- 1 999 Session Ord. 99-476 



outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate 
cost of debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) Is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 



373 



Ord. 99-476 1 998- 1 999 Session 



determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained. That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



374 



1 998- 1 999 Session Ord. 99-477 



City of Baltimore 
Ordinance 99-477 
Council Bill 99-980 

An Ordinance Concerning 

Bond Issue — School Loan — $12,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution I of 1 999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Twelve Million Dollars ($12,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
lease, condemnation, or any other legal means, of land or property, or 
any rights therein, in the City of Baltimore, and constructing and 
erecting on said land or property, or on any land or property now or 
hereafter owned by the Mayor and City Council of Baltimore, new 
school buildings, athletic and other auxiliary facilities, and for additions 
and improvements to, or the modernization or reconstruction of, 
including the inspection, removal ,encapsulation, management, 
containment and abatement of asbestos from, existing school buildings 
or facilities, and for equipment for any and all new or existing facilities 
authorized to be constructed, erected, added to, improved, modernized 
or reconstructed by the provisions hereof; the payment of any and all 
costs and expenses incurred for or in connection with doing any or all of 
the things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services, including, without limitation, services relating to 
planning for future projects of the same general character which may be 
constructed out of future loans; and for doing any and all things 
necessary, proper or expedient in connection with or pertaining to any 
or all of the matters or things hereinbefore mentioned; authorizing the 
issuance of refunding bonds; conferring certain powers upon the Board 
of School Commissioners of Baltimore City; imposing certain 
conditions in connection with the expenditure of the proceeds derived 
from the sale of said certificates of indebtedness; conferring and 
imposing upon the Board of Finance of Baltimore City certain powers 
and duties; authorizing the submission of this Ordinance to the legal 



375 



Ord. 99-477 1 998- 1 999 Session 



voters of the City of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore City on Tuesday, the 2nd 
day of November, 1 999 and providing for the expenditure of the 
proceeds of sale of said certificates of indebtedness in accordance with 
the provisions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and City Council of Baltimore. 

Recitals 

By Resolution I of 1 999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding Twelve Million Dollars 
($12,000,000) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used for school purposes as 
authorized by said Resolution. 

Funds are now needed for said purposes. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding Twelve Million 
Dollars ($12,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained. That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($5(X).00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 



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1 998- 1 999 Session Ord. 99-477 



amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained. That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued 



377 



Ord. 99-477 1 998- 1 999 Session 



and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained. That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1999. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 



378 



1 998- 1 999 Session Ord. 99-477 



and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, lease, condemnation or any other legal means, of 
land or property, or any rights therein, in the City of Baltimore, and 
constructing and erecting on said land or property, or on any land or 
property now or hereafter owned by the Mayor and City Council of 
Baltimore, new school buildings, athletic and other auxiliary facilities, and 
for additions and improvements to, or the modernization or reconstruction 
of, including the inspection, removal, encapsulation, management, 
containment and abatement of asbestos from existing school buildings or 
facilities, and for equipment for any and all new or existing facilities 
authorized to be constructed, erected, added to, improved, modernized or 
reconstructed by the provisions hereof; the payment of any and all costs and 
expenses incurred for or in connection with doing any or all of the things 
herein mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services, including, without limitation, services relating to planning for 
future projects of the same general character which may be constructed out 
of future loans; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained. That: 

(a) The Mayor and City Council of Baltimore, acting by and 



379 



Ord. 99-477 1 998- 1 999 SESSION 



through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under the 
provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate cost of 
debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost of 
debt service; or 

(ii) Is determined by the Board of Finance of the Mayor 
and City Council of Baltimore to be in the best interests of Baltimore City, 
to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under the 
provisions of this Ordinance may be issued in whatever principal amount 
shall be required to achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal amount of the bonds 
refunded or the maximum principal amount of bonds authorized to be 
issued under Section 1 of this Ordinance. 



380 



1 998- 1 999 Session Ord. 99-477 



(d) Any refunding bonds authorized to be issued and sold under the 
provisions of this Ordinance may be issued to mature on such dates and in 
such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under the 
provisions of this Ordinance may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which may be at, above 
or below the par value of the refunding bonds, as determined by resolution 
of the Board of Finance of the Mayor and City Council of Baltimore. If the 
Board of Finance determines to sell the refunding bonds at public sale, the 
refunding bonds shall be sold to the highest responsible bidder or bidders 
therefor after due notice of such sale, but the Mayor and City Council of 
Baltimore, acting by and through the Board of Finance thereof, shall have 
the right to reject any or all bids therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under the 
provisions of this Ordinance shall bear interest at such rate or rates as may 
be determined by the Board of Finance of the Mayor and City Council of 
Baltimore, which rate or rates may be fixed or variable or as determined by 
a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under the 
provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 



381 



Ord. 99-478 1 998- 1 999 SESSION 



Section 10. And be it further ordained, That in the expenditure 
of the proceeds of sale of said bonds, the Mayor and City Council of 
Baltimore shall observe the following conditions: 

(a) Subject to the provisions of the Charter of Baltimore City 
relating to the Planning Commission, the New Baltimore City Board of 
School Commissioners, Shall have the authority to select sites for the 
construction of any new school buildings hereby authorized; 

(b) All plans and specifications for the construction or 
reconstruction of school buildings, or for additions or improvement to 
school buildings, to be financed out of the proceeds derived from the sale of 
the bonds herein authorized to be issued, shall be subject to the approval of 
the New Baltimore City Board of School Commissioners prior to the final 
acceptance of such plans and specifications, and the endorsement of 
approval by the New Board of such plans and specifications shall be made 
thereon, and shall also be recorded by the New Board in its official minutes; 

(c) All changes in approved plans and specifications which may be 
found necessary and expedient during the course of construction shall also 
be subject to the approval of the New Baltimore City Board of School 
Commissioners, and shall also be recorded by the New Board in its official 
minutes; and 

(d) No part of the proceeds derived from the sale of the bonds 
hereby authorized to be issued shall be expended without the approval of 
the New Baltimore City Board of School Commissioners. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-478 
Council Bill 99-981 

An Ordinance Concerning 

Bond Issue — Center Stage Loan — $500,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution X of 1999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 



382 



1 998- 1 999 Session Ord. 99-478 



and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Five Hundred Thousand Dollars ($500,000.00), the 
proceeds derived from the sale thereof to be used for the cost of 
issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected therewith, 
and the remainder of such proceeds to be used for the acquisition, by 
purchase, condemnation, or any other legal means, of land or property, 
or any rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 
buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities to 
be or now being used in connection with the operations, functions, and 
activities of the Center Stage Theater; and to equip all facilities 
authorized to be constructed, renovated, altered or improved by the 
provisions hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the Municipal Election to be held in Baltimore City on 
Tuesday, the 2nd day of November, 1 999 and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution X of 1 999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding Five Hundred Thousand 
Dollars ($500,000.00) in the manner and upon the terms set forth in the 
bonds, not exceeding the par value of the bonds, to be used in connection 



383 



Ord. 99-478 1998-1999 Session 



with the operations, functions, and activities of the Center Stage Theater as 
authorized by said Resolution. 

Funds are now needed for said purposes. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding Five Hundred 
Thousand Dollars ($500,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said bonds shall be sold by 
the Board of Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this Ordinance shall not 
become effective unless it shall be approved by a majority of the votes of 
the legal voters of Baltimore City cast at the time and place hereinafter 
designated by this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained. That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 

384 



1 998- 1 999 Session Ord. 99-478 



Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 



385 



Ord. 99-478 1998-1999 SESSION 



value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1999. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 



386 



1 998- 1 999 Session Ord. 99-478 



the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities to be or now being used for or 
in connection with the operations, functions and activities of the Center 
Stage Theater; and to equip all buildings authorized to be constructed, 
renovated, altered or improved under the provisions hereof; the payment of 
any and all costs and expenses incurred for or in connection with doing any 
or all of the things herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained. That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 



387 



Ord. 99-478 1 998- 1 999 SESSION 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the pubHc purpose of: 

( 1 ) Reahzing savings to Baltimore City in the aggregate 
cost of debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) Is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 



388 



1 998- 1 999 Session Ord. 99-479 



Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained. That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-479 
Council Bill 99-982 

An Ordinance Concerning 
389 



Ord. 99-479 1 998- 1 999 SESSION 



Bond Issue — Maryland Historical Society Loan — $500,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution XI of 1999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Five Hundred Thousand Dollars ($500,000.00), the 
proceeds derived from the sale thereof to be used for the cost of 
issuance, including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected therewith, 
and the remainder of such proceeds to be used for the acquisition, by 
purchase, condemnation, or any other legal means, of land or property, 
or any rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 
buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities to 
be or now being used in connection with the operations, functions, and 
activities of the Maryland Historical Society; and to equip all facilities 
authorized to be constructed, renovated, altered or improved by the 
provisions hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the Municipal Election to be held in Baltimore City on 
Tuesday, the 2nd day of November, 1 999 and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution XI of 1 999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 



390 



1 998- 1 999 Session Ord. 99-479 



Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding Five Hundred Thousand 
Dollars ($500,000.00) in the manner and upon the terms set forth in the 
bonds, not exceeding the par value of the bonds, to be used in connection 
with the operations, functions, and activities of the Maryland Historical 
Society as authorized by said Resolution. 

Funds are now needed for said purposes. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding Five Hundred 
Thousand Dollars ($500,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said bonds shall be sold by 
the Board of Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this Ordinance shall not 
become effective unless it shall be approved by a majority of the votes of 
the legal voters of Baltimore City cast at the time and place hereinafter 
designated by this Ordinance. 

Section 2. And be it further ordained. That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 



391 



Ord. 99-479 1 998- 1 999 Session 



Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal yeair in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof). 



392 



1 998- 1 999 Session Ord. 99-479 



shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained. That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1999. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 



393 



Ord. 99-479 1 998- 1 999 Session 



(a) So much thereof as may be necessary, in addition to the 
premium reahzed from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities to be or now being used for or 
in connection with the operations, functions and activities of the Maryland 
Historical Society; and to equip all buildings authorized to be constructed, 
renovated, altered or improved under the provisions hereof; the payment of 
any and all costs and expenses incurred for or in connection with doing any 
or all of the things herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained. That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 



394 



1 998- 1 999 Session Ord. 99-479 



redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate 
cost of debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) Is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 



395 



Ord. 99-479 1 998- 1 999 SESSION 



refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(0 Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained. That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



396 



1 998- 1 999 Session Ord. 99-480 



City of Baltimore 
Ordinance 99-480 
Council Bill 99-983 

An Ordinance Concerning 

Bond Issue — Recreation and Parks Loan — $2,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution V of 1 999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Two Million Dollars ($2,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, construction, 
reconstruction, installation, erection, protection, extension, 
enlargement, renovation or modernization of, and additions to, public 
park or recreational land, property, buildings, structures or facilities; 
and for the acquisition and installation of equipment for any and all 
existing facilities or new facilities authorized to be acquired, 
constructed, reconstructed, erected, protected, extended, enlarged, 
renovated, modernized, improved or added to by the provisions hereof; 
the payment of any and all costs and expenses incurred for or in 
connection with doing any or all of the things herein mentioned, 
including, but not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; and 
for doing any and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the Municipal Election to be held in Baltimore City on 
Tuesday, the 2nd day of November, 1 999 and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 



397 



Ord. 99-480 1 998- 1 999 Session 



Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution V of 1999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding Two Million Dollars 
($2,000,000.00 in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used for recreation and parks 
purposes as authorized by said Resolution. 

Funds are now needed for said purposes. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding Two Million 
Dollars ($2,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained. That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 



398 



I 



1 998- 1 999 Session Ord. 99-480 



amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 



399 



Ord. 99-480 1 998- 1 999 SESSION 



Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained. That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 



400 



I 



1 998- 1 999 Session Ord. 99-480 



or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1999. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); 

(b) The remainder of such proceeds shall be used for the 
acquisition, construction, reconstruction, installation, erection, protection, 
extension, enlargement, renovation or modernization of, and additions to, 
public park or recreational land, property, buildings, structures or facilities; 
and for the acquisition and installation of equipment for any and all existing 
facilities or new facilities authorized to be acquired, constructed, 
reconstructed, erected, extended, enlarged, renovated, modernized, 
improved or added to by the provisions hereof; the payment of any and all 
costs and expenses incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 



401 



Ord. 99-480 1 998- 1 999 Session 



expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate 
cost of debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) Is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 



402 



1 998- 1 999 Session Ord. 99-480 



relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 



403 



Ord. 99-48 1 1 998- 1 999 Session 



(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

Approved June 30, 1999 

Kuril. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-481 
Council Bill 99-984 

An Ordinance Concerning 

Bond Issue — Police Loan — $1,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution VI of 1999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 



404 



1 998- 1 999 Session Ord. 99-48 1 



not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
condemnation, or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property now or 
hereafter owned by the Mayor and City Council of Baltimore, new 
buildings, structures and facilities, to be used by the Police Department 
of Baltimore City, and for additions and improvements to, or the 
modernization, renovation or reconstruction of, existing Police 
Department facilities; and for the acquisition and installation of 
equipment for any and all existing facilities or new facilities authorized 
to be constructed, erected, added to, improved, modernized, renovated 
or reconstructed by the provisions hereof; the payment of any and all 
costs and expenses incurred for or in connection with doing any or all of 
the things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or all of the matters 
or things hereinbefore mentioned; authorizing the issuance of refunding 
bonds; conferring and imposing upon the Board of Finance of 
Baltimore City certain powers and duties; authorizing the submission of 
this Ordinance to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Municipal Election to be held in 
Baltimore City on Tuesday, the 2nd day of November, 1999 and 
providing for the expenditure of the proceeds of sale of said certificates 
of indebtedness in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency 
designated in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Recitals 

By Resolution VI of 1999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 



405 



Ord. 99-48 1 1 998- 1 999 SESSION 



certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
operations, functions, and activities of the Police Department of Baltimore 
City as authorized by said Resolution. 

Funds are now needed for said purposes. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained. That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 



406 



1 998- 1 999 Session Ord. 99-48 1 



Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 



407 



Ord. 99-48 1 1 998- 1 999 Session 



during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained. That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1999. 

Section 7. And be it further ordained. That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 



408 



1 998- 1 999 Session Ord. 99-48 1 



funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property, or on any land or property now or 
hereafter owned by the Mayor and City Council of Baltimore, new 
buildings, structures and facilities, to be used by the Police Department of 
Baltimore City, and for additions and improvements to, or the 
modernization, renovation or reconstruction of, existing Police Department 
buildings, structures and facilities owned by the Mayor and City Council of 
Baltimore, and for equipment of any and all existing or new facilities 
authorized to be constructed, erected, added to, improved, modernized, 
renovated or reconstructed by the provisions hereof; the payment of any and 
all costs and expenses incurred for or in connection with doing any or all of 
the things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 



409 



Ord. 99-48 1 1 998- 1 999 Session 



Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate 
cost of debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) Is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 



410 



1 998- 1 999 Session Ord. 99-48 1 



(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 



41 



Ord. 99-482 1 998- 1 999 Session 



Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-482 
Council Bill 99-985 

An Ordinance Concerning 

Bond Issue — Enoch Pratt Library Loan — $1,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution IV of 1999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 



412 



1 998- 1 999 Session Ord. 99-482 



fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
condemnation, or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 
buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities to 
be or now being used in connection with the operations, functions, and 
activities of the Enoch Pratt Library; and to equip all facilities 
authorized to be constructed, renovated, altered or improved by the 
provisions hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the Municipal Election to be held in Baltimore City on 
Tuesday, the 2nd day of November, 1999 and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution IV of 1999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with the 



413 



Ord. 99-482 1 998- 1 999 SESSION 



operations, functions, and activities of the Enoch Pratt Library as authorized 
by said Resolution. 

Funds are now needed for said purposes. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained. That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 



414 



1 998- 1 999 Session Ord. 99-482 



are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 



415 



Ord. 99-482 1 998- 1 999 Session 



and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained, That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1999. 

Section 7. And be it further ordained. That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 



416 



1 998- 1 999 Session Ord. 99-482 



Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities to be or now being used for or 
in connection with the operations, functions and activities of the Enoch Pratt 
Library; and to equip all buildings authorized to be constructed, renovated, 
altered or improved under the provisions hereof; the payment of any and all 
costs and expenses incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained. That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 



417 



Ord. 99-482 1 998- 1 999 Session 



validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate 
cost of debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) Is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 



418 



1 998- 1 999 Session Ord. 99-482 



(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 



419 



Ord. 99-483 1 998- 1 999 Session 



(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-483 
Council Bill 99-986 



An Ordinance Concerning 

Bond Issue — Baltimore Museum of Art Loan — $1,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution DC of 1 999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
condemnation, or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 
buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities to 



420 



1 998- 1 999 Session Ord. 99-483 



be or now being used in connection with the operations, functions, and 
activities of the Baltimore Museum of Art; and to equip all facilities 
authorized to be constructed, renovated, altered or improved by the 
provisions hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the Municipal Election to be held in Baltimore City on 
Tuesday, the 2nd day of November, 1999 and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution DC of 1999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
operations, functions, and activities of the Baltimore Museum of Art as 
authorized by said Resolution. 

Funds are now needed for said purposes. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 



421 



Ord. 99-483 1 998- 1 999 SESSION 



authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained. That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained. That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 



422 



1 998- 1 999 Session Ord. 99-483 



upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained, That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 



423 



Ord. 99-483 1 998- 1 999 SESSION 



value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained. That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained, That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1 999. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 



424 



1 998- 1 999 Session Ord. 99-483 



the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities to be or now being used for or 
in connection with the operations, functions and activities of the Baltimore 
Museum of Art; and to equip all buildings authorized to be constructed, 
renovated, altered or improved under the provisions hereof; the payment of 
any and all costs and expenses incurred for or in connection with doing any 
or all of the things herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 



425 



Ord. 99-483 1 998- 1 999 Session 



outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate 
cost of debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) Is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 



426 



1 998- 1 999 Session Ord. 99-483 



(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained. That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 



427 



Ord. 99-484 1 998- 1 999 SESSION 



under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-484 
Council Bill 99-987 



An Ordinance Concerning 

Bond Issue — Community Development Loan — $13,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution n of 1 999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Thirteen Million Dollars ($13,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for or in connection with 
planning, developing, executing, and making operative the community 
development program of the Mayor and City Council of Baltimore, 
including, but not limited to, the acquisition, by purchase, lease, 
condemnation or any other legal means, of land or property, or any 
right, interest, franchise, easement or privilege therein, in the City of 
Baltimore; the payment of any and all costs and expenses incurred in 
connection with or incidental to the acquisition and management of said 
land or property, including any and all rights or interest therein 
hereinbefore mentioned; the payment of any and all costs and expenses 
incurred for or in connection with relocating and moving persons or 
other legal entities displaced by the acquisition of said land or property, 
or any of the rights or interest therein hereinbefore mentioned; the 
development, or redevelopment, including, but not limited to, the 



428 



1 998- 1 999 Session Ord. 99-484 



comprehensive renovation or rehabilitation of any land or property, or 
any rights or interests therein hereinbefore mentioned, in the City of 
Baltimore, and the disposition of land and property for such purposes; 
the elimination of unhealthful, unsanitary or unsafe conditions, 
lessening density, eliminating obsolete or other uses detrimental to the 
public welfare or otherwise removing or preventing the spread of blight 
or deterioration in the City of Baltimore; the demolition, removal, 
relocation, renovation or alteration of land, buildings, streets, highways, 
alleys, utilities or services, and other structures or improvements, and 
for the construction, reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or services, and other 
structures or improvements; the payment of any and all costs and 
expenses incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the costs and 
expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or all of the matters 
or things hereinbefore mentioned; authorizing the issuance of refunding 
bonds; conferring and imposing upon the Board of Finance of 
Baltimore City certain powers and duties; authorizing the submission of 
this Ordinance to the legal voters of the City of Baltimore, for their 
approval or disapproval, at the Municipal Election to be held in 
Baltimore City on Tuesday, the 2nd day of November, 1999 and 
providing for the expenditure of the proceeds of sale of said certificates 
of indebtedness in accordance with the provisions of the Charter of the 
Mayor and City Council of Baltimore, and by the municipal agency 
designated in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Recitals 

By Resolution 11 of 1 999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding Thirteen Million Dollars 
($13,000,000.00) in the manner and upon the terms set forth in the bonds, 
not exceeding the par value of the bonds, to be used in connection with the 



429 



Ord. 99-484 1 998- 1 999 SESSION 



community development program of the Mayor and City Council of 
Baltimore as authorized by said Resolution. 

Funds are now needed for said purposes. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, 

acting by and through the Board of Finance of said municipality, be and it is 
hereby authorized and empowered to issue bonds of the Mayor and City 
Council of Baltimore in an aggregate principal amount not exceeding 
Thirteen Million Dollars ($13,000,000.00), from time to time, as may be 
needed or required for the purposes hereinafter named and said bonds shall 
be sold by the Board of Finance from time to time and at such times as shall 
be requisite, and the proceeds derived from the sale of said bonds shall be 
used for the purposes hereinafter named, provided that this Ordinance shall 
not become effective unless it shall be approved by a majority of the votes 
of the legal voters of Baltimore City cast at the time and place hereinafter 
designated by this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained. That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 



430 



1 998- 1 999 Session Ord. 99-484 



are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 



431 



Ord. 99-484 1 998- 1 999 Session 

and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained. That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1999. 

Section 7. And be it further ordained. That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 



432 



1 998- 1 999 Session Ord. 99-484 



Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for or in 
connection with planning, developing, executing and making operative the 
community development program of the Mayor and City Council of 
Baltimore, including, but not limited to: 

(i) The acquisition, by purchase, lease, condemnation, or any 
other legal means, of land or property, or any right, interest, franchise, 
easement or privilege therein, in the City of Baltimore; 

(ii) The payment of any and all costs and expenses incurred in 
connection with or incidental to the acquisition and management of said 
land or property, including any and all rights or interest therein hereinbefore 
mentioned; 

(iii) The payment of any and all costs and expenses incurred for 
or in connection with relocating and moving persons or other legal entities 
displaced by the acquisition of said land or property, or any of the rights or 
interests therein hereinbefore mentioned; 

(iv) The development or redevelopment, including, but not 
limited to, the comprehensive renovation or rehabilitation of any land or 
property, or any rights or interests therein hereinbefore mentioned, in the 
City of Baltimore, and the disposition of land and property for such 
purposes; 



433 



Ord. 99-484 1 998- 1 999 SESSION 



(v) The elimination of unhealthful, unsanitary or unsafe 
conditions, lessening density, eliminating obsolete or other uses detrimental 
to the public welfare or otherwise removing or preventing the spread of 
blight or deterioration in the City of Baltimore; 

(vi) The demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, utilities or services, 
and other structures or improvements, and for the construction, 
reconstruction, installation, relocation or repair of buildings, streets, 
highways, alleys, utilities or services, and other structures or improvements; 

(vii) The payment of any and all costs and expenses incurred 
for or in connection with doing any or all of the things herein mentioned, 
including, but not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; and 

(viii) Doing any and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned. 

All such land or property shall be acquired, developed, 
redeveloped, renovated, rehabilitated, altered, improved, held or disposed 
of, as provided by law. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 



434 



1 998- 1 999 Session Ord. 99-484 



Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under the 
provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate cost of 
debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost of 
debt service; or 

(ii) Is determined by the Board of Finance of the Mayor 
and City Council of Baltimore to be in the best interests of Baltimore City, 
to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 



435 



Ord. 99-484 1 998- 1 999 Session 



(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained. That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 



436 



1 998- 1 999 Session Ord. 99-485 



under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-485 
Council Bill 99-988 



An Ordinance Concerning 

Bond Issue — Economic Development Loan — $8,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution IQ of 1999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding Eight Million Dollars ($8,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for or in connection with 
planning, developing, executing, and making operative the commercial 
and industrial economic development program of the Mayor and City 
Council of Baltimore, including, but not limited to, the acquisition, by 
purchase, lease, condemnation or any other legal means, of land or 
property, or any right, interest, franchise, easement or privilege therein, 
in the City of Baltimore; the payment of any and all costs and expenses 
incurred in connection with or incidental to the acquisition and 
management of said land or property, including any and all rights or 
interests therein hereinbefore mentioned; the payment of any and all 
costs and expenses incurred for or in connection with relocating and 
moving persons or other legal entities displaced by the acquisition of 
said land or property, or any of the rights or interests therein 
hereinbefore mentioned; the development, or redevelopment, including. 



437 



Ord. 99-485 1 998- 1 999 Session 



but not limited to, the comprehensive renovation or rehabilitation of any 
land or property, or any rights or interests therein hereinbefore 
mentioned, in the City of Baltimore, and the disposition of land and 
property for such purposes; the elimination of unhealthful, unsanitary or 
unsafe conditions, lessening density, eliminating obsolete or other uses 
detrimental to the public welfare or otherwise removing or preventing 
the spread of blight or deterioration in the City of Baltimore; the 
demolition, removal, relocation, renovation or alteration of land, 
buildings, streets, highways, alleys, utilities or services, and other 
structures or improvements, and for the construction, reconstruction, 
installation, relocation or repair of buildings, streets, highways, alleys, 
utilities or services, and other structures or improvements; the payment 
of any and all costs and expenses incurred for or in connection with 
doing any or all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, architectural, 
surveying, and other professional services; authorizing the making of 
loans and grants to persons and other legal entities; and for doing any 
and all things necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; conferring and imposing 
upon the Board of Finance of Baltimore City certain powers and duties; 
authorizing the submission of this Ordinance to the legal voters of the 
City of Baltimore, for their approval or disapproval, at the Municipal 
Election to be held in Baltimore City on Tuesday, the 2nd day of 
November, 1 999 and providing for the expenditure of the proceeds of 
sale of said certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, 
and by the municipal agency designated in the annual Ordinance of 
Estimates of the Mayor and City Council of Baltimore. 

Recitals 

By Resolution IQ of 1999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding Eight Million Dollars 
($8,000,000.00) in the manner and upon the terms set forth in the bonds, not 



438 



1 998- 1 999 Session Ord. 99-485 



exceeding the par value of the bonds, to be used in connection with the 
economic development program of the Mayor and City Council of 
Baltimore as authorized by said Resolution. 

Funds are now needed for said purposes. 

Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding Eight Million 
Dollars ($8,000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained, That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 



439 



Ord. 99-485 1 998- 1 999 SESSION 



Section 3. And be it further ordained. That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 
and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year m which said bonds are issued and sold or during the 
next succeeding fiscal year. 



440 



1998-1999 Session Ord. 99-485 



(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained. That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1999. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 



441 



h 



Ord. 99-485 1 998- 1 999 Session 



through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained. That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 
the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for or in 
connection with planning, developing, executing and making operative the 
economic development program of the Mayor and City Council of 
Baltimore, including, but not limited to: 

(i) The acquisition, by purchase, lease, condemnation, or any 
other legal means, of land or property, or any right, interest, franchise, 
easement or privilege therein, in the City of Baltimore; 

(ii) The payment of any and all costs and expenses incurred in 
connection with or incidental to the acquisition and management of said 
land or property, including any and all rights or interest therein hereinbefore 
mentioned; 

(iii) The payment of any and all costs and expenses incurred for 
or in connection with relocating and moving persons or other legal entities 
displaced by the acquisition of said land or property, or any of the rights or 
interests therein hereinbefore mentioned; 

(iv) The development or redevelopment, including, but not 
limited to, the comprehensive renovation or rehabilitation of any land or 



442 



1 998- 1 999 Session Ord. 99-485 



property, or any rights or interests therein hereinbefore mentioned, in the 
City of Baltimore, and the disposition of land and property for such 
purposes; 

(v) The elimination of unhealthful, unsanitary or unsafe 
conditions, lessening density, eliminating obsolete or other uses detrimental 
to the public welfare or otherwise removing or preventing the spread of 
blight or deterioration in the City of Baltimore; 

(vi) The demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, utilities or services, 
and other structures or improvements, and for the construction, 
reconstruction, installation, relocation or repair of buildings, streets, 
highways, alleys, utilities or services, and other structures or improvements; 

(vii) The payment of any and all costs and expenses incurred 
for or in connection with doing any or all of the things herein mentioned, 
including, but not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other professional services; 

(viii) The making of loans and grants to persons and other legal 
entities engaged in the acquisition, development, redevelopment, 
rehabilitation and disposition of land and property, including any right, 
interest, franchise, easement or privilege therein in the City of Baltimore; 
and 

(ix) Doing any and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned. 

All such land or property shall be acquired, developed, 
redeveloped, renovated, rehabilitated, altered, improved, held or disposed 
of, as provided by law. 

Section 9. And be it further ordained, That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 



443 



Ord. 99-485 1 998- 1 999 SESSION 



to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The vahdity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under the 
provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate cost of 
debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost of 
debt service; or 

(ii) Is determined by the Board of Finance of the Mayor 
and City Council of Baltimore to be in the best interests of Baltimore City, 
to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 



444 



1 998- 1 999 Session Ord. 99-485 



the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 



445 



Ord. 99-486 1 998- 1 999 Session 



specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 
limitation that may from time to time be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-486 
Council Bill 99-989 



An Ordinance Concerning 

Bond Issue — Meyerhoff Symphony Hall Loan — $1,000,000 

For the purpose of authorizing the Mayor and City Council of Baltimore 
(pursuant to Resolution Vin of 1999 approved by the members of the 
General Assembly of Maryland representing Baltimore City) to issue 
and sell its certificates of indebtedness in an aggregate principal amount 
not exceeding One Million Dollars ($1,000,000.00), the proceeds 
derived from the sale thereof to be used for the cost of issuance, 
including the expense of engraving, printing, advertising, attorneys' 
fees, and all other incidental expenses connected therewith, and the 
remainder of such proceeds to be used for the acquisition, by purchase, 
condemnation, or any other legal means, of land or property, or any 
rights therein, in the City of Baltimore, and for constructing and 
erecting, on said land or property, or on any land or property, new 



446 



1 998- 1 999 Session Ord. 99-486 



buildings, structures and other auxiliary facilities, and for the 
renovation, alternation, construction, reconstruction, installation, 
improvement and repair of existing buildings, structures and facilities to 
be or now being used in connection with the operations, functions, and 
activities of the Meyerhoff Symphony Hall; and to equip all facilities 
authorized to be constructed, renovated, altered or improved by the 
provisions hereof; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the things herein 
mentioned, including, but not limited to, the costs and expenses of 
securing administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other professional 
services; and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of refunding bonds; 
conferring and imposing upon the Board of Finance of Baltimore City 
certain powers and duties; authorizing the submission of this Ordinance 
to the legal voters of the City of Baltimore, for their approval or 
disapproval, at the Municipal Election to be held in Baltimore City on 
Tuesday, the 2nd day of November, 1 999 and providing for the 
expenditure of the proceeds of sale of said certificates of indebtedness 
in accordance with the provisions of the Charter of the Mayor and City 
Council of Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council of 
Baltimore. 

Recitals 

By Resolution VIE of 1999 approved by the members of the General 
Assembly of Maryland representing Baltimore City, the Mayor and City 
Council of Baltimore is authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as evidence thereof, 
in an aggregate principal amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set forth in the bonds, not 
exceeding the par value of the bonds, to be used in connection with the 
operations, functions, and activities of the Meyerhoff Symphony Hall as 
authorized by said Resolution. 

Funds are now needed for said purposes. 



447 



Ord. 99-486 1 998-999 SESSION 



specified in this Ordinance with repect to the issuance of bonds shall be 
applicable to the issuance of refuning bonds. 

(i) Any refunding bondsiuthorized to be issued and sold under 
the provisions of this Ordinance skll not be subject to any debt policy 
limitation that may from time to tiie be established by the Mayor and City 
Council of Baltimore. 

Section 10. And be it furter ordained. That the expenditure of 
the proceeds derived from the sale-f the bonds authorized to b>e issued 
under the provisions of this Ordinace shall be in accordance with the 
provisions of the Charter of the M?or and City Council of Baltimore, and 
by the municipal agency designate in the annual Ordinance of Estimates of 
the Mayor and City Council of Balmore. 



Approved June 30, 1999 



Kl-rt L. Schmoke, Mayor 



City o Baltimore 
Ordinnce 99-486 
Counc Bill 99-989 



li 



An Ordinace Concerning 

Bond Issue — Meyerhoff STiphony Hall Loan — $1,000,000 

For the purpose of authorizing thelayor and City Council of Baltimore 
(pursuant to Resolution Vm of 999 approved by the members of the 
General Assembly of Marylan representing Baltimore City) to issue ^ 

and sell its certificates of indetedness in an aggregate principal amount ■ 

not exceeding One MiUion Doars ($1 ,000,000.00), the proceeds ' 

derived from the sale thereof t(be used for the cost of issuance, 
including the expense of engrarng, printing, advertising, attorneys' 
fees, and all other incidental er-.enses connected therewith, and the 
remainder of such proceeds to s used for the acquisition, by purchase 
condemnation, or any other leg! means, of land or property, or any 
rights therein, in the City of Baimore, and for constructing and 
erecting, on said land or proper/, or on any land or property, new 

446 



1 998- 1 999 iiSSiON Ord. 99-486 



buildings, structures and other auxilry facilities, and for the 
renovation, alternation, constructionreconstruction, installation, 
improvement and repair of existing hildings, structures and facilities to 
be or now being used m connection ith the operations, functions, and 
activities of the Meyerhoff Symphor Hall: and to equip all facilities 
authorized to be constructed, renova;d, altered or improved by the 
provisions hereof; the payment of an and all costs and expenses 
incurred for or in connection with dcig any or all of the things herein 
mentioned, including, but not limite to, the costs and expenses of 
secunng administrative, appraisal, e^nomic analysis, engineering, 
planning, designing, architectural, siveying, and other professional 
services; and for doing any and all lings necessary, proper or expedient 
in connection w iih or pertaining to ay or all of the matters or things 
hereinbefore mentioned; authorizinghe issuance of refunding bonds; 
confemng and imposing upon the Bird of Finance of Baltimore City 
certain powers and duties; authorizir the submission of this Ordinance 
to the legal voters of the City of Balmore, for their approval or 
disapproval, at the Municipal Electia lo be held in Baltimore City on 
Tuesday, the 2nd day of November, 999 and providing for the 
expenditure of the proceeds of sale c said certificates of indebtedness 
in accordance with the provisions othe Charter of the Mayor and City 
Council of Baltimore, and by the muicipal agency designated in the 
annual Ordinance of Estimates of th Mayor and City Council of 
Baltimore. 



nbersc 
ihQJm 

m 



Recitis 

By Resolution VHI of 1 999 approve by the members 
Assembly of Maryland representing Baimore City 
Council of Baltimore is authorized * t a debt an 
certificates of indebtedness (herein. led bond 

in an aggregate principal amount not exicding One 
($1,000,006.00) in the manner and - terms setfr 

exceeding the par value of the bond^- ^ used in 
operations, functions, and activities of :z Meye; 
authorized by said Resolution. 

Funds are now needed for said purT?ses. 



447 





Ord. 99-486 1 998- 1 999 Session 



Section. 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore, acting by and 
through the Board of Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor and City Council of 
Baltimore in an aggregate principal amount not exceeding One Million 
Dollars ($1, 000,000.00), from time to time, as may be needed or required 
for the purposes hereinafter named and said bonds shall be sold by the 
Board of Finance from time to time and at such times as shall be requisite, 
and the proceeds derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes of the legal 
voters of Baltimore City cast at the time and place hereinafter designated by 
this Ordinance. 

Section 2. And be it further ordained. That: 

(a) The bonds shall be issued in denominations of not less than Five 
Hundred Dollars ($500.00) each, but may be in sums of Five Hundred 
Dollars ($500.00), or any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold under the provisions 
of this Ordinance may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged not more than 
forty (40) years from the date of issuance of the bonds. 

(c) The bonds, when issued, shall bear interest at such rate or rates 
as may be determined by the Board of Finance, which rate or rates may be 
fixed or variable or as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time or times as may be 
determined by the Board of Finance. 

Section 3. And be it further ordained, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, and they 
are hereby, authorized to pass a resolution or resolutions, from time to time, 
to determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the Mayor and City 
Council of Baltimore at any particular time, and from time to time, under 



448 



1 998- 1 999 Session Ord. 99-486 



and pursuant to the provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to mature, and the 
amount or amounts of said debt, or any part thereof, which shall mature 
upon the aforesaid date or dates; and the date or dates in each year, during 
the entire period of time when any of said bonds are outstanding, when 
interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the debt, or any 
part thereof, authorized to be issued under the provisions of this Ordinance 
at any particular time; and 

(c) If the bonds are to be sold at public sale, the time, place, manner 
and medium of advertisement of the readiness of the Board of Finance, 
acting for and on behalf of the Mayor and City Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to be issued hereunder 
or any part thereof; the form, terms and conditions of such bids; the time, 
place and manner of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance are offered for sale 
and sold at the same time as other bonds of the City, to establish the 
conditions for bids and awards and to award all of the bonds on an all or 
none basis; and the time, place, terms and manner of settlement for the 
bonds so bid for. 

Section 4. And be it further ordained. That: 

(a) All premiums resulting from the sale of any of the bonds issued 
and sold pursuant to the provisions of this Ordinance shall be applied first to 
defray the cost of issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming due and payable 
during the fiscal year in which said bonds are issued and sold or during the 
next succeeding fiscal year. 

(b) The debt authorized by the provisions of this Ordinance, and the 
bonds issued and sold pursuant thereto and their transfer, and the principal 
and interest payable thereon (including any profit made in the sale thereof), 
shall be and remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 



449 



Ord. 99-486 1 998- 1 999 Session 



(c) All bonds issued and sold pursuant to the provisions of this 
Ordinance may be sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, above or below par 
value of the bonds, as determined by resolution of the Board of Finance of 
the Mayor and City Council of Baltimore. If the Board of Finance 
determines to sell the bonds at public sale, the bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

Section 5. And be it further ordained. That until all of the 
interest on and principal of any bonds issued pursuant to the provisions of 
this Ordinance have been paid in full, the Mayor and City Council of 
Baltimore shall levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the City of Baltimore at a rate 
sufficient to produce revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

Section 6. And be it further ordained. That this Ordinance shall 
be submitted to the legal voters of the City of Baltimore, for their approval 
or disapproval, at the Municipal Election to be held in Baltimore City, on 
Tuesday, the 2nd day of November, 1 999. 

Section 7. And be it further ordained, That prior to the date of 
the election hereinbefore mentioned, notice shall be given to the public of 
the amount of money which the Mayor and City Council of Baltimore is 
authorized to borrow, and the general purposes for which such borrowed 
funds may be expended, under the terms and provisions of this Ordinance, 
and the time when the election hereinbefore mentioned is to be held; and 
such public notice shall be given in such manner and by such means or 
through such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

Section 8. And be it further ordained, That the actual cash 
proceeds derived from the sale of the bonds authorized to be issued under 



450 



1 998- 1 999 Session Ord. 99-486 



the provisions of this Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to the 
premium realized from the sale, if any, for the cost of issuance, including 
the expense of engraving, printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may include the proportion 
of the compensation of employees and general administrative expenses of 
the Department of Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be used for the 
acquisition, by purchase, condemnation or any other legal means, of land or 
property, or any rights therein, in the City of Baltimore, and for constructing 
and erecting, on said land or property or on any land or property, new 
buildings, structures and other auxiliary facilities and for the renovation, 
alteration, construction, reconstruction, installation, improvement and repair 
of existing buildings, structures and facilities to be or now being used for or 
in connection with the operations, functions and activities of the Meyerhoff 
Symphony Hall; and to equip all buildings authorized to be constructed, 
renovated, altered or improved under the provisions hereof; the payment of 
any and all costs and expenses incurred for or in connection with doing any 
or all of the things herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned. 

Section 9. And be it further ordained. That: 

(a) The Mayor and City Council of Baltimore, acting by and 
through the Board of Finance thereof, is hereby authorized and empowered 
to issue its bonds for the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment at maturity or the 
purchase or redemption of bonds in advance of maturity. The validity of 
any refunding bonds shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such refunding bonds 
may be issued by the Mayor and City Council of Baltimore, acting by and 



451 



Ord. 99-486 1 998- 1 999 Session 



through the Board of Finance thereof, for the purpose of providing it with 
funds to pay any of its outstanding bonds authorized to be issued under the 
provisions of this Ordinance at maturity, to purchase in the open market any 
of its outstanding bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their maturity any 
outstanding bonds which are, by their terms, redeemable, to pay interest on 
any outstanding bonds prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any redemption or purchase 
premium in connection with the refunding of any of its outstanding bonds 
authorized to be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued for the public purpose of: 

(1) Realizing savings to Baltimore City in the aggregate 
cost of debt service on either a direct comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a reduction in the cost 
of debt service; or 

(ii) Is determined by the Board of Finance of the 
Mayor and City Council of Baltimore to be in the best interests of Baltimore 
City, to be consistent with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore City including, improving the 
relationship of debt service to a source of payment such as taxes, 
assessments, or other charges. 

(c) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued in whatever principal 
amount shall be required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the principal amount of 
the bonds refunded or the maximum principal amount of bonds authorized 
to be issued under Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be issued to mature on such dates and 
in such amounts as the Board of Finance may determine; provided that the 



452 



1 998- 1 999 Session Ord. 99-486 



entire principal amount represented by the refunding bonds shall be 
discharged not more than forty (40) years from the date of issuance of the 
bonds being refunded. 

(e) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance may be sold at public sale by the 
solicitation of competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding bonds, as 
determined by resolution of the Board of Finance of the Mayor and City 
Council of Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall be sold to the 
highest responsible bidder or bidders therefor after due notice of such sale, 
but the Mayor and City Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall bear interest at such rate or rates as 
may be determined by the Board of Finance of the Mayor and City Council 
of Baltimore, which rate or rates may be fixed or variable or as determined 
by a method approved by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by the Board of 
Finance. 

(g) The proceeds of the sale of any refunding bonds authorized to 
be issued and sold under the provisions of this Ordinance, after the payment 
of issuance costs relating thereto, shall be set aside by the Mayor and City 
Council of Baltimore as a separate trust fund to be used solely for the 
purposes stated in this Section 9. 

(h) Except as otherwise provided in this Section 9, the powers 
granted in, the limitations and obligations imposed by, and the procedures 
specified in this Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued and sold under 
the provisions of this Ordinance shall not be subject to any debt policy 



453 



Ord. 99-487 1 998- 1 999 SESSION 



limitation that may from time to time be established by the Mayor and City I 

Council of Baltimore. 

Section 10. And be it further ordained, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be issued 
under the provisions of this Ordinance shall be in accordance with the 
provisions of the Charter of the Mayor and City Council of Baltimore, and 
by the municipal agency designated in the annual Ordinance of Estimates of 
the Mayor and City Council of Baltimore. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 99-487 
Council Bill 99-1055 

An Ordinance Concerning 

Outdoor Telephones 

For the purpose of prohibiting the installation of certain outdoor 
telephones; providing a penalty; providing for enforcement by 
environmental citation; providing that names of persons violating this 
provision be published; afi4 defining a term : and providing for a special 
effective date . 

By repealing and reordaining, with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 308(e)(3) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By adding 

Article 19 - Police Ordinances 
Section(s) 167 A 



454 



1 998- 1 999 Session Ord. 99-487 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Environmental Control Board 

§ 308. Violations to which subtitle applies. 

(e) Provisions and penalties enumerated. 

(3) Article 19. Police Ordinances 

§ 4. Baby chicks — sales at Easter $100 

§ 12. Cruelty to animals — abandonment 

of animal $100 

§ 13. Cruelty to animals — neglect $100 

§ 14. Cruelty to animals — abuse $200 

§ 20. Drinking in public places $ 50 

§ 28 A. Vehicle alarms $100 

§ 32. Horses — inspection, care and treatment $200 

§ 127. Rabbits — importation and sale $100 

§ 157. Obstructions $ 50 

§158. Merchandise projecting from building $ 50 

§ 160. Vehicles on sidewalks $ 50 

§ 167 A. Outdoor TELEPHONES $500 



455 



Ord. 99-487 



1998-1999 Session 



§ 171 A. Urinating and defecating 


$100 


§ 172. Rubbish — unlawful to discard 


$ 50 


§ 1 74. Truck peddler — trash receptacles 
required 


$100 


§ 177. Snow — cleaning required 


$ 50 


§ 198 A. Resale of tickets near sports facilities 


$ 50 


§221. Noise for entertainment purposes 


$ 50 


§ 222. Commercial advertising — noise 


$ 50 


§ 228. Market Center — electronically amplified 
sounds containing commercial speech 


$ 50 


§ 229. Market Center — electronically amplified 
sounds not containing commercial speech 


$ 50 


Article 19 — Police Ordinances 




Subtitle — Street Regulations 




Outdoor Telephones 




§ 167 A. Outdoor Telephones. 




(A) "Person" defined. 




(1) "Person" MEANS: 




(I) AN individual; 





(II) A RECEIVER, TRUSTEE, GUARDIAN, PERSONAL 
REPRESENTATIVE, HDUCIARY, OR 
REPRESENTATIVE OF ANY KIND; OR 

(III) A PARTNERSHIP, RRM, ASSOCIATION, CORPORATION, OR 
OTHER ENTITY OF ANY KIND. 



456 



1 998- 1 999 Session Ord. 99-487 

(2) "Person" does not include a governmental entity or an 
instrumentality or unit of a governmental entity. 

(B) Prohibited PLACEMENT. 

a person may not install an outdoor telephone: 

( 1 ) in any public right-of-way without a minor privilege 
permit from the department of public works; or 

(2) on any other public or private property without: 

(i) approval of the owner of the property; and 

(n) all permits required by the public service 
Commission. 

(c) Penalty. 

( 1 ) Any person who violates this section is guilty of a 
misdemeanor and on conviction is subject to a nNE OF 

$1 ,000 FOR EACH OFFENSE, IN ADDITION TO COSTS FOR 
REMOVAL. 

(2) Each day that a violation continues constitutes a 
separate offense. 

(D) Enforcement BY CITATION. 

( 1 ) Any PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION 
MAY BE ISSUED AN ENVIRONMENTAL CITATION AS AUTHORIZED 

BY City Code Article 1 , §§ 295 through 308 
{ "Environmental Control Board" } . 

(2) The issuance of an environmental citation to enforce 

THIS section does NOT PRECLUDE PURSUING ANY OTHER CIVIL 
OR CRIMINAL REMEDY OR ENFORCEMENT ACTION AUTHORIZED 
BY LAW. 



457 



Ord. 99-488 1 998- 1 999 Session 



(e) pubucation. 

The Department of Public Works shall publish the names of 
persons convicted of violation of this section in the local 
newspapers. 

Section 2. And be it further ordained. That, during the pendency 
of an application for a minor privilege permit, the penalties imposed by this 
Ordinance do not apply to a preexisting outdoor telephone, and that 
telephone may not be involuntarily removed by the City, if: 

(a) the telephone was installed on or before June 1, 1999; 

(b) although overhanging or otherwise encroaching the public 
right-of-way, the telephone is located on or attached to private 
property; and 

(c) the application for a minor privilege permit is made on or 
before July 1, 1999. 

Section 2 3. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section ^ 4. And be it further ordained. That this Ordinance 
takes effect on the 30th day after the date it is enacted. If Council Bill 96- 
209 is enacted, this Ordinance remains in effect only until Council Bill 96- 
209 becomes effective, at which time this Ordinance will be abrogated and 
of no further effect. 






Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-488 
Council Bill 98-784 



An Ordinance Concerning 
Rezoning — 4118 Southern Avenue and 4714 Belair Road 



458 



1 998- 1 999 Session Ord. 99-489 



For the purpose of changing the zoning for the properties known as 41 1 8 
Southern Avenue and a portion of 4714 Belair Road, as outlined in red 
on the accompanying revised plat, from the R-5 Zoning District to the 
B-3-2 Zoning District. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheet(s) 29 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 29 of the Zoning District Maps is amended by 
changing from the R-5 Zoning District to the B-3-2 Zoning District the 
properties known as 41 18 Southern Avenue and a portion of 4714 Belair 
Road, as outlined in red on the revised plat dated April 2L 1999 
accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-489 
Council Bill 98-800 



An Ordinance Concerning 
Rezoning — 221 McCurley Street and Block 2243A Lot 23 

459 



Ord. 99-490 1 998- 1 999 Session 



For the purpose of changing the zoning for the properties known as 221 
McCurley Street (Block 2243A Lot 22) and Block 2243A Lot 23, as 
outlined in red on the accompanying plat, from the R-5 Zoning District 
to the B-3-2 Zoning District. 

By amending 

Article 30 - Zoning 
Zoning District Maps 
Sheetfs) 62 
Baltimore City Code 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That Sheet 62 of the Zoning District Maps is amended by 
changing from the R-5 Zoning District to the B-3-2 Zoning District the 
properties known as 221 McCurley Street (Block 2243 A Lot 22) and Block 
2243 A Lot 23, as outlined in red on the plat accompanying this Ordinance. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-490 
Council Bill 98-842 

An Ordinance Concerning 

Planned Unit Development — Amendment 
1700 Block North Gay Street 

460 



1 998- 1 999 Session Ord. 99-490 



For the purpose of approving certain amendments to the Development Plan 
of the 1700 Block North Gay Street Planned Unit Development. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-5 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

By Ordinance 94-302, the Mayor and City Council approved the 
application of the Council for Economic and Business Opportunity, Inc., to 
have certain property located at 1701-1729 North Gay Street and 1700-1728 
North Gay Street, consisting of 5.2 acres, more or less, designated as a 
Planned Unit Development and approved the Development Plan submitted 
by the applicant. 

The Council for Economic and Business Opportunity, Inc., wishes to 
amend the Development Plan, as previously approved by the Mayor and 
City Council, to expand the boundaries of the project to include 1632 and 
1634 North Gay Street and a portion of 1701 North Chester Street and to 
increase the number of units of elderly housing from 41 to 60. 

On September 29, 1998, representatives of the Council for Economic 
and Business Opportunity, Inc., met with the Department of Planning for a 
preliminary conference, to explain the scope and nature of the proposed 
amendments to the Development Plan. 

The representatives of the Council for Economic and Business 
Opportunity, Inc., have applied to the Baltimore City Council for approval 
of these amendments, and they have submitted amendments to the 
Development Plan intended to satisfy the requirements of Article 30, 
§§ 12.0-1 and 12.0-5 of the Baltimore City Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the amendments to 
the Development Plan submitted by the Developer, as attached to and made 
part of this Ordinance, including "Existing Conditions Plan" (Sheet C-1, 
dated October 6, 1998), and "Proposed Conditions Plan (Sheet C-2, dated 
October 6, 1998). 



461 



Ord. 99-490 1 998- 1 999 Session 



Section 2. And be it further ordained. That the expansion of the 
boundaries of the Planned Unit Developnient to include 1632 and 1634 
North Gay Street and a portion of 1701 North Chester Street , as reflected in 
the amended Development Plan, is approved. 

Section 3. And be it further ordained. That the increase in the 
number of proposed elderly housing units from 41 to 60, as reflected in the 
amended Development Plan, is approved. The parking required for the 60- 
unit elderly housing, adult day care and services center, located on the 
northwest side of North Gay Street, is 19 spaces. 

Section 4. And be it further ordained. That the Final 
Landscaping Plan is subject to the approval of the Planning Department. 

Section 4 5. And be it further ordained. That all plans for the 
construction of permanent improvements on the property must be reviewed 
by the Planning Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 

Section §■ 6. And be it further ordained, That the Planning 
Department may determine what constitutes minor or major modifications 
to the Plan. Minor modifications require approval by the Planning 
Commission. Major modifications require approval by Ordinance. Any 
changes to the architectural elevations or site plan required by either the 
Maryland Historic Trust or Commission for Historical and Architectural 
Preservation shall require only Planning Department approval. 

Section 6 7. And be it further ordained, That as evidence of the 
authenticity of the accompanying amended Development Plan and in order 
to give notice to the agencies that administer the City Zoning Ordinance: (i) 
when the City Council passes this Ordinance, the President of the City 
Council shall sign the amended Development Plan; (ii) when the Mayor 
approves this Ordinance, the Mayor shall sign the amended Development 
Plan; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the amended Development Plan to the Board of Municipal 
and Zoning Appeals, the Planning Commission, the Commissioner of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

Section 7 8. And be it further ordained, That this Ordinance 
takes effect on the 30th day after the date it is enacted. 



462 



1 998- 1 999 Session Ord. 99-49 1 



Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-491 
Council Bill 98-864 



An Ordinance Concerning 

Public Urinating or Defecating — Environmental Citations 

For the purpose of increasing the civil citation penalties for public urinating 
or defecating ; and providing for a special effective date . 

By repealing and reordaining, with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s) 308(e)(3)(§171A) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 
Section(s) 308(e)(6)(§§ 5-503 and 5-504) 
Baltimore City Code 

(As enacted by Ordinance xx-xxx [Bill 98-xxx {dlr 98-1050}] 
(Revised Code - Health)) 

Section 1. Be rr ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Environmental Control Board 

§ 308. Violations to which subtitle applies. 

(e) Provisions and penalties enumerated. 



463 



Ord. 99-492 1 998- 1 999 SESSION 

(3) Article 19. Police Ordinances 

§ 1 7 1 A. Urinating and defecating [$ 1 00] $ 1 50 

Section 2. And be it further ordained, That if Bill 98-xxx {dlr 
98- 1050} (Revised Code - Health) is enacted, the Laws of Baltimore read as 
follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Environmental Control Board 

§ 308. Violations to which subtitle applies. 

(e) Provisions and penalties enumerated. 

(6) Health Code 

§ 5-503. Urinating, etc. — In general [$100] $150 

§ 5-504. Urinating, etc. — Parents [$ 1 00] $ 1 50 

Section 3. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 4. And be it further ordained. That this Ordinance takes 

effect on the 30th day aft e r the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-492 
Council Bill 99-915 

An Ordinance Concerning 

Penalty for Parents of Truants 



464 



1 998- 1 999 Session Ord. 99-492 



For the purpose of changing the penalty provisions for parents of truants; 
and correcting certain language. 

By repealing and reordaining, with amendments 
Article 1 9 -Police Ordinances 
Section(s)96(a)(l)(ii) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Section 1. Be it ordaesjed by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — Enforcement and Penalties 

§ 96. Enforcement and penalties. 

(a)(l)(ii) At the time a minor is delivered to a parent or guardian at the 
home of the minor or at the juvenile holding center for the 
first time, a parent or guardian shall be issued a $50 citation. 
Upon any subsequent conviction, a parent or guardian shall 
be subject to one or more of the following in the discretion of 
the court: a fine not to exceed $300 and costs; imprisonment 
[in the city jail] for not more than 60 days; work on the public 
streets or on public works of the city for not more than 60 
days] or community service , for not more than 60 days, 

IN THE SCHOOL FROM WHICH THE CHILD WAS TRUANT. 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



465 



Ord. 99-493 1 998- 1 999 Session 



City of Baltimore 
Ordinance 99-493 
Council Bill 99-923 

An Ordinance Concerning 

Zoning — Conditional Use Convalescent, Nursing, and Rest Home — 

3010 Clifton Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home on the property known as 3010 Clifton Avenue, as 
outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s)4.6-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home on the 
property known as 3010 Clifton Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.6-ld-l 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

1 . the maximum number of residents is 15 clients and 1 resident 

manager; 

2. there may be no more than 2 persons per sleeping room; 

3. clients must be 58 years of age or older; 

4. the applicant must provide at least 5 parking spaces for staff and 

visitors to the facility; 

5. to assure handicap accessibility, the applicant must provide an 

interior chair lift and an exterior handicap ramp, subject to 
Planning Department approval; and 



466 



1 998- 1 999 Session Ord. 99-494 



6^ the home compli e s must comply with all applicable federal, state, 
and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-494 
Council Bill 99-924 

An Ordinance Concerning 



Zoning — Conditional Use Nonprofit Home and Transitional Housing 

Facility for the Care and Custody of Homeless Persons — 

1300 North Calhoun Street 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a nonprofit home and 
transitional housing facility for the care and custody of homeless 
persons on the property known as 1300 North Calhoun Street, as 
outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 4.8- 1 d-2 and 1 1 .0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 



467 



Ord. 99-495 1 998- 1 999 Session 



Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the estabhshment, 
maintenance, and operation of a nonprofit home and transitional housing 
faciHty for the care and custody of homeless persons on the property known 
as 1 300 North Calhoun Street, as outlined in red on the plat accompanying 
this Ordinance, in accordance with Article 30, §§ 4.8-ld-2 and 1 1.0-6d of 
the Baltimore City Code, subject to the condition that following conditions: 

1. there may be no more than 31 dwelling units; 

2. the Plans are subject to the approval of the Planning Department: 

and 

3i the nonprofit home and transitional housing facility for the care 
and custody of homeless persons complies must comply with 
all applicable federal, state, and local licensing and certification 
requirements. 

Section 2. And be it further ordained. That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 99-495 
Council Bill 99-935 

An Ordinance Concerning 

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1 998- 1 999 Session Ord. 99-495 



2k)ning — Conditional Use Convalescent, Nursing, 
and Rest Home — 825 Freeman Street 

For the purpose of permitting, subject to certain conditions, the 

estabhshment, maintenance, and operation of a convalescent, nursing, 
and rest home on the property known as 825 Freeman Street, as outlined 
in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.2- Id- 13 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home on the 
property known as 825 Freeman Street, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 6.2- Id- 13 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

(1) the maximum number of residents shall be 17, to include 15 

clients and 2 resident manag e r managers: 

(2) there may be no more than 2 persons per sleeping room; 

(3) residents must be at least 60 years of age; and 

(4) the home compli e s must comply with all applicable federal, 

state, and local licensing and certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 



469 



Ord. 99-496 1 998- 1 999 Session 



Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-496 
Council Bill 99-936 

An Ordinance Concerning 

Urban Renewal — Harford Road 



For the purpose of adopting as a "Renewal Area", an area situated in 

Baltimore City, Maryland, known as the Harford Road Urban Renewal 
Area, bounded generally by the rear property lines on the east and west 
sides of Harford Road from Echodale Avenue on the north to Argonne 
Drive and Parkside Drive on the south; approving a Renewal Plan for 
the Harford Road Urban Renewal Area; establishing permitted land 
uses; establishing certain property rehabilitation and development 
standards; establishing minimum maintenance standards; establishing 
standards for review of rehabilitation plans; authorizing the acquisition 
of certain property by purchase or condemnation for urban renewal 
purposes; establishing certain requirements for land acquired; 
establishing procedures for amending the Plan; providing for the term 
of the Plan; approving certain exhibits and app e ndic e s to the Plan; 
providing certain definitions; waiving certain content and procedural 
requirements; making the provisions of this Ordinance severable; 
providing for the application of this Ordinance in conjunction with 
certain other ordinances; and providing for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 



470 



1 998- 1 999 Session Ord. 99-496 



Recitals 



The residents, businesses, property owners, and institutions along the 
Harford Road Corridor have engaged in a comprehensive, community-based 
planning effort. 

During this planning process, the community established the 
preservation of the commercial district as a priority. 

The community has a desire to create opportunities for economic 
development. 

The basic goals of the City of Baltimore for the Harford Road Urban 
Renewal Area are to: 

1 . establish an identifying image as a pedestrian-friendly business 
district for the Harford Road corridor; 

2. reduce conflicts between Harford Road's current design as a 
turnpike and traffic thoroughfare and the surrounding residential 
neighborhoods; 

3. provide for the creation of balanced economic development that 
prevents the demolition or rezoning of residential property adjacent 
to or in the vicinity of the Plan boundary; 

4. provide more convenient services through appropriate activity 
nodes land use areas that provide residential, retail, office, and 
commercial uses with accessible parking; 

5. reinforce the distinction between residential and commercial 
properties through a variety of natural and manmade buffering and 
screening techniques; 

6. establish a community review process for rehabilitation of existing 
property and new construction; 

7. encourage renovation of appropriate buildings; 

8. ensure that new buildings are compatible with their context and 
character of the neighborhood; 

9. encourage shared parking among commercial uses; 

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Ord. 99-496 1 998- 1 999 Session 



1 0. increase the amount of public park space and landscaping to create 
a greener commercial corridor; and 

1 1 . encourage use of the portion of Herring Run Park known as "Heinz 
Park" as a community festival and event space. 

Additional objectives for development and rehabilitation should be 
considered as the Harford Road corridor is redeveloped. Proposals that are 
able to meet these objectives will receive more favorable support from 
HARP, the Department of Housing and Community Development, and the 
Department of Planning. The objectives are as follows: 

1 . Those locations, indicated as terminated vistas by the community, 
should be encouraged to use towers, steeples, monuments, belfries, 
or architectural features to help institute these vistas as important 
community landmarks. These sites may be allowed to exceed the 
overall height limitations of the land use area if the feature is of 
significant quality and character. The overall purpose is to help 
defme the commercial district, create community landmarks, and 
provide features that help organize the district into recognizable 
parts. 

2. Those locations appropriate for public monuments along Harford 
Road should be encouraged to develop as such. If private 
organizations or public institutions propose public monuments for 
Harford Road, the monuments should be directed to the appropriate 
locations, where they can maximize the character of land use areas, 
emphasize vistas, or provide public open space. 

3. Liner buildings or other similar development , as proposed in 
App e ndix A are encouraged. 

4. As off-street parking is difficult to provide on many properties, 
creative solutions should be found to allow shared parking, credit 
for leased parking in other locations, or the creation of parking 
funds to support municipal parking lots. 

5. Where a portion of an assembled propertv is outside the boundarv of 
the Plan, the existing residential zoning will be applied and no 
commercial use of the propertv will be allowed. 

6. Properties shall have exterior night lighting to discourage loitering 
or vandalism. Burned out lighting shall be replaced within 5 davs. 



472 



1 998- 1 999 Session Ord. 99-496 



In accordance with the provisions of Article 13 of the Baltimore City 
Code and the goals as set out in this Ordinance, the Harford Road Urban 
Renewal Area has been found to be in need of undertakings and activities 
for the correction or the prevention of the development or spread of slums, 
blight, or deterioration. 

In accordance with the provisions of Section 25(h) of Article 13 of the 
Baltimore City Code, when a Councilmember initiates a proposal for a 
renewal plan, the bill must be sent to the Department of Housing and 
Community Development and the Planning Commission for 
recommendation and report. 

The Renewal Plan for the Harford Road Urban Renewal Area must be 
reviewed by the Director of the Department of Planning with respect to its 
conformity with the Master Plan, the detailed location of any public 
improvements proposed in the Renewal Plan, its conformity to the rules and 
regulations for subdivisions, and all zoning changes proposed in the 
Renewal Plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is determined that the area known as the Harford Road 
Urban Renewal Area, as more particularly described below, may be 
benefitted through the exercise of the functions and powers vested in the 
Department of Housing and Community Development: 

Beginning for the same at the intersection of the north side of 
Parkside Drive and the east side of Harford Road; thence from said 
point of beginning and binding on the north side of Parkside Drive 
easterly to intersect the division line between lots 1/4 and 5, block 
4198-A; thence binding on said division line northerly to intersect 
the division line between lots 1/4, 16, and 17, block 4198-A; thence 
binding on said division line westerly to intersect the division line 
between lots 14/15 and 16, block 4198-A; thence binding on said 
division line northerly, as extended, to intersect the north side of 
Zona Terrace; thence binding on the north side of lona Terrace 
westerly to intersect the division line between lots 15 and 16, block 
4198-B; thence binding on said division line northerly to intersect 
the division line between lots 16 and 30, block 4198-B; thence 
binding on said division line easterly to intersect the division line 
between lots 17 and 30, block 4198-B; 

thence binding on said division line easterly to intersect the division 
line between lots 1 and 31, block 4198-B; thence binding on said 



473 



' 



Ord. 99-496 1 998- 1 999 SESSION 



division line northerly, as extended, to intersect the north side of 
Weaver Avenue; thence binding on the north side of Weaver Avenue 
westerly to intersect the east side of the first 10 foot alley east of 
Harford Road; thence binding on the east side of said alley northerly, as 
extended, crossing Overland Avenue , and continuing along a 10 foot 
alley, known as Richard Avenue to intersect the north side of the first 
20 foot alley east of Harford Road; thence binding on said 20 foot alley 
easterly to intersect the division line between lots 15 and 16/17, block 
4198-D; thence binding on said division line northerly to intersect the 
north side of Montebello Terrace; thence binding on the north side of 
Montebello Terrace easterly to intersect the division line between lots 1 
and 10; thence binding on said division line northerly, as extended to 
intersect the north side of lot 1 and the east side of a 7 foot right-of-way, 
block 5883; 

thence binding on said division line westerly and binding on the 
northern property line of lot 1 to intersect the division line between lots 
1 and 2, block 5883; thence binding on said division line northerly and 
binding on the eastern property lines of lots 2 and 3 to intersect the east 
side of Beverly Road; thence binding on the north side of Beverly Road 
westerly to intersect the division line between lots 1 and 38, block 
5883-A; thence binding on said division line northerly to intersect the 
north side of the first 1 2 foot alley; thence binding on said alley easterly 
to intersect the east side of a 14 foot alley west of Arabia Avenue; 
thence binding on said alley northerly as extended, to intersect the 
division line between lots 5 and 16A, block 5883-A; thence binding on 
said division line southwesterly to intersect the division line between 
lots 6/7 and 15, block 5883-A; thence binding on said division line, as 
extended, northwesterly to intersect the division line between lots 10/12 
and 13, block 5883-A; thence binding on said division line 
northeasterly, then northerly to intersect the north side of Grindon 
Avenue; 

thence binding on the north side of Grindon Avenue to intersect the 
division line between lots 13, 14, 16, 17 and 17A, block 5864-F; thence 
binding on said division line, as extended northerly, then easterly to 
intersect the northern property line of lot 6/7, block 5864-F; thence 
binding on said property line northwesterly, westerly, then northerly to 
intersect the north side of Moravia Road; thence binding on the north 
side of Moravia Road easterly to intersect the eastern property line of 
lot 1 A, block 5864-H; thence binding on said property line northerly, as 
extended, to intersect the division line between lots 1 A and 29, block 
5864-H; thence binding on said division line northerly to intersect the 



474 



1 998- 1 999 Session Ord. 99-496 



division line between lots 1 A and 5, block 5864-H; thence binding on 
said division line westerly to intersect the division line between lots IB 
and 4, block 5864-H; thence binding on said division line northerly to 
intersect the north side of Rosekemp Avenue; thence binding on the 
north side of Rosekemp Avenue easterly to intersect the east side of the 
first 16 foot alley, east of Harford Road; thence binding on said alley 
northerly to intersect the division line between lots 3 and 5, block 5811 ; 

thence binding on said lot line westerly to intersect the division line 
between lots 4A and 5, block 581 1; thence binding on said division line 
northerly to intersect the south side of Southern Avenue, thence binding 
on the south side of Southern Avenue westerly to intersect the eastern 
property line of lot 1/2, block 5810; thence binding on said property 
line, as extended, northerly to intersect the division line between lots 9 
and 49A, block 5810; thence binding on said division line easterly to 
intersect the division line between lots 50 and 9, block 5810; thence 
binding on said division line northerly, as extended, to intersect the 
north side of Ailsa Avenue; thence binding on the north side of Ailsa 
Avenue easterly to intersect the division line between lots 34A and 35, 
block 5804; thence binding on said division line, as extended, northerly 
to intersect the division line between lots 32 A and 33, block 5804; 
thence binding on said division line westerly to intersect the division 
line between lots 32 and 32A, block 5804; thence binding on said 
division line, as extended, to intersect the south side of lot 28, block 
5804; 

thence binding on the south side of said lot easterly to intersect the east 
side of lot 28, block 5804; thence binding on said lot line northerly to 
intersect the north side of Rueckert Avenue; thence binding on the 
north side of Rueckert Avenue westerly to intersect the division line 
between lots 50 and 51/53, block 5798; thence binding on said division 
line northerly to intersect the northern property line of lot 51/53, block 
5798; thence binding on said property line westerly 30 feet, more or 
less to a point on said property line; thence binding on said point, as 
extended, to intersect the west side of the first 1 5 foot alley east of 
Harford Road; thence binding on said 15 foot alley northerly to intersect 
the north side of Batavia Avenue; thence binding on the north side of 
Batavia Avenue easterly to intersect the first 13 foot-1 inch alley east of 
Harford Road; 

thence binding on said alley northerly to intersect the division line 
between lots 29/30, 43, 44 and 45, block 5797; thence binding on said 
division line to intersect the west side of the first 1 2 foot alley east of 



475 



Ord. 99-496 1 998- 1 999 Session 



Harford Road; thence binding on the west side of said alley northerly to 
intersect the north side of Echodale Avenue; thence binding on the 
north side of Echodale Avenue westerly crossing Harford Road 135 
feet, more or less, to a point; thence binding on said point, crossing 
Echodale Avenue to intersect the division line between lots 10/1 1 and 
12, block 5391 ; thence binding on said division line southerly to 
intersect the division line between lots 8A and 10, block 5391 ; thence 
binding on said division line easterly to intersect the division line 
between lots 8A and 9, block 5391; thence binding on said division line 
southerly to intersect the south side of Goodwood Road; thence binding 
on the south side of Goodwood Road easterly to intersect the division 
line between lots 3G and 4, block 5385; thence binding on said division 
line southerly to intersect the division line between lots 3F and 4, block 
5385; thence binding on said division line westerly to intersect the 
division line between lots 3F and 5, block 5385; thence continuing on 
said division line southerly and binding on the western property lines of 
lots 6, 7, and 7A to intersect the division line between lots 7A and 9, 
block 5385; 

thence binding on said division line easterly crossing a 10 foot alley to 
intersect the division line between lots 2, 9A and 9B, block 5385; 
thence binding on said division line easterly to intersect the division 
line between lots 1 and 9B, block 5385; thence binding on said division 
line southerly to intersect the south side of East Strathmore Avenue; 
thence binding on the south side of East Strathmore Avenue westerly to 
intersect the division line between lots 7/8, 40, 41, 42, and 43, block 
5384-A; thence binding on said division line southerly to intersect the 
division line between lots 39 and 40, block 5384-A; thence binding on 
said division line westerly to intersect the first 12 foot alley west of 
Harford Road; thence binding on said alley southerly to intersect the 
south side of Rueckert Avenue; thence binding on the south side of 
Rueckert Avenue westerly to intersect the division line between lots 8 
and 1 1, block 5384; thence binding on said division line southerly and 
binding on the western property line of lots 9 and 10, as extended to 
intersect the division line between lots 1 and lOB/lOD, block 5384; 
thence continuing on said division line southerly to intersect the south 
side of Ailsa Avenue; 

thence binding on the south side of Ailsa Avenue westerly to intersect 
the east side of the first 10 foot alley west of Harford Road; thence 
binding on said alley southerly to intersect the division line between 
lots V2 and 6A, block 5366-A; thence binding on said division line 
easterly to intersect the division line between lots Vi and 6A, block 



476 



1 998- 1 999 Session Ord. 99-496 



5366-A; thence binding on said division line southerly to intersect the 
south side of Shirey Avenue; thence binding on the south side of Shirey 
Avenue westerly to intersect the east side of the first 10 foot alley west 
of Harford Road; thence binding on said alley southerly to intersect the 
division line between lots 6 and 7, block 5366; thence binding on said 
division line easterly 42 feet, more or less, to a point on said division 
line; thence from said point binding on a line southerly, bi-secting lot 6 
to intersect the division line between lots 5 and 10/11, block 5366; 
thence binding on said division line southerly and binding on the 
western property lines of 1/2, 3/4 and 5 to intersect the south side of 
Halcyon Avenue; 

thence binding on the south side of Halcyon Avenue to intersect the 
division line between lots 4B and 23/24, block 5360; thence binding on 
said division line southerly and binding on the western property line of 
lot 1/3 to intersect the west side of Hampnett Avenue; thence binding 
on the west side of Hampnett Avenue southerly to intersect the division 
line between lots 18 and 18A, block 5361; thence binding on said point 
of intersection easterly to intersect the east side of Hampnett Avenue; 
thence binding on the east side of Hampnett Avenue and intersecting 
the division line of lots 5 A and lOA, block 5361 ; thence binding on said 
division line easterly to intersect the division line between lots 5 and 
5 A, block 5361; thence binding said division line southerly, binding on 
the western property line of lot 4 and bi-secting lot 1/3 to intersect the 
south side of List Avenue; 

thence binding on the south side of List Avenue westerly to intersect the 
division line between lots 8 and 8A, block 5365; thence binding on said 
division line southerly to intersect the south side of East Cold Spring 
Lane; thence binding on the south side of East Cold Spring Lane 
easterly to intersect the division line between lots 8 and 9, block 5364; 
thence binding on said division line southerly to intersect the division 
line between lots 8 and 7, block 5364; thence binding on said division 
line westerly and intersecting the division line of lots 9, 10/lOA, 11, 
1 IB, 12 and 13 to intersect the division line between lots 7 and 16, 
block 5364; thence binding on said division line southeasterly and 
binding on the western property line of lots 1,2,3, 4, 5, 6 and 7 to 
intersect the south side of Grindon Avenue; 

thence binding on the south side of Grindon Avenue southwesterly to 
intersect the division line between lots 7 and 8, block 5343; thence 
binding on said division line southerly and binding on the western 
property line of lot 6 to intersect the division line between lot 5A and 8, 



477 






Ord. 99-496 1 998- 1 999 Session 



block 5343; thence binding on said division line westerly to intersect 
the division line between lots 5 A and 9, block 5343; thence binding on 
said division line and binding on the western property line of lots 1/4, 
4A, 4B, 5 and 5A, southerly, westerly and southerly again to intersect 
the south side of Markley Avenue; thence binding on the south side of 
Markley Avenue easterly to intersect the division line between lots 20 
and 21, block 5342; 

thence binding on said division line southerly to intersect the division 
line between lots 8/9 and 20, block 5342; thence binding on said 
division line easterly to intersect the division line between lots 8/9 and 
6, block 5342; thence binding on said division line southerly and 
binding on the western property line of lots 1, 2, 3, 4, 5 and 6 to 
intersect the south side of Montebello Terrace; thence binding on the 
south side of Montebello Terrace easterly to intersect the division line 
between lots 9 and 10/11, block 3949; thence binding on side division 
line southerly to intersect the division line between lots 10/11 and 21, 
block 3949; thence binding on said division line easterly, then southerly 
to intersect the south side of Overland Avenue; thence binding on south 
side of Overland Avenue westerly to intersect the division line between 
lots 29A and 48/49, block 3949A; thence binding on said division line 
southerly to intersect the division line between lots 29 and 29A; block 
3949A; thence binding on said division line easterly to intersect the 
west side of Harford Road; thence binding on the west side of Harford 
Road southerly to intersect the north side of Argonne Drive; thence 
binding on the north side of Argonne Drive easterly to the point of 
beginning. 

Section 2. And be it further ordained. That in this Ordinance, 
and in the Plan, the following words and phrases have the meanings 
indicated. 

1 ■ Nod e : an area appropriat e for a specific typ e of comm e rcial activity. 

2 L Liner buildings: structures that line the edge of a development 

and help define a street wall at the front property line where 
none currently exists. 

^ 2. Community Review Panel: a volunteer committee established 
by the Harford Road Partnership, Inc. whose members are 
selected by their respective community associations. The Panel 
reviews and approves or declines new development projects. 
The community review process is intended to ensure that the 



478 



1 998- 1 999 Session Ord. 99-496 



communities most impacted by a proposed development will 
have the first opportunity for input. 

4 3. Neighborhood Retail Residential: a fiede land use area that 

limits development to smaller scale establishments. 

& 4. Commercial Center: a fiede land use area that encourages 
larger retail and commercial establishments. 

6 5. Residential Office: a nede land use area that allows existing 
residential buildings that have been converted to office space 
and provides a clustered location for civic and government 
buildings. 

1- 6. Park/Recreational: a nede land use area that delineates park 
and recreational usage. 

5 7. Height: the distance from the base of a building or structure to 

its roof line. 

^ 8. Setback: the distance from the property line to the building or 
structure. 

4-0 9. Screening: natural or manmade materials that have the ability 
to provide a clear and aesthetic separation between two uses. 

44- 10. Urban Edge: architectural features and design elem e nts that 
give a neighborhood sp e cial characteristics and distinction a 
site plan or design pattern that maintains the existing 
relationship of buildings to the street and its architectural 
features along the street . 

4-2 ii. HARP: The Harford Road Partnership, Inc. A nonprofit 

community development corporation established to promote 
appropriate economic development along the Harford Road 
corridor. 

13. Accessory Use: a use that is subordinate or incidental to a principl e 
use. 

44 12. Impacted Community: A neighborhood or portion of a 

neighborhood whose boundaries encompass or are adjacent to a 
proposed new development or rehabilitation project. 



479 



Ord. 99-496 1 998- 1 999 SESSION 



Section 3. And be it further ordained. That the Plan creates 4 
allowable new land use nod e s areas Neighborhood Retail/Residential 
(NR/R), Commercial Center (CC), Residential/Office A and B (R/OA, 
R/OB), and Park/Recreational (P/R), as illustrated on the Land Use Plan 
Map, Exhibit No. 2 i. These nodes land use areas overlay current zoning 
districts. Accessory uses including landscaping, off-street parking, and 
loading will be allowed. In addition, existing uses will be allowed to 
continue, subject to the provisions governing non-conforming and non- 
complying uses set forth below. 

a. Neighborhood Retail/Residential 

In the areas designated Neighborhood Retail/Residential on the 
Land Use Plan Map, Exhibit No. 2 \, the allowed uses shall be 
as follows: 

(1) Dwellings 

(2) Commercial uses subject to the following: 

(i) Commercial uses must maintain the predominantly small- 
scale retail character and original residential buildings of 
the neighborhood. The floor area ratio shall not exceed 
1.0. 

(ii) Commercial uses shall be retail commercial, shall 
occupy a gross retail commercial space of 2,000 
square feet or less, shall have infrequent, short- 
term servicing requirements, and shall deal 
I directly with consumers. Goods produced on 

' premises shall be sold at retail on premises. 

I Servicing, processing, and storage must be within 

I an enclosed structure. Except for banks, there shall 

be no drive-in or drive-up uses or services, either 
as a principal or accessory use. There shall be no 
truck parking. 

(iii) Restaurants shall be restricted to 4,000 square feet or less. 
Seating for outdoor dining shall be allowed to encroach 
upon the public sidewalks, with the exception of a 
minimum of a 5-foot clear pedestrian passage. The use of 
rights-of-wav for outdoor seating shall be subject to all 
other applicable City regulations. 

480 



« 



I 



1 998- 1 999 Session Ord. 99-496 



(iv) The allowable commercial uses shall be: 

Art and school supply stor e s; art ne e dl e work 
shops; antiqu e and consignm e nt shops; banks; 
barb e r shops; beauty shops; bicycl e sal e s and 
repair; camera sales and r e pair; coin and 
philat e lic stores; hobby shops; int e rior 
decorating shops; Class A book and magazine 
stores; candy and ice cream establishm e nts; 
carry out foods; automatic banking machines; 
electronics repair; fir e and police stations; 
drug stores and pharmacies; dry cleaning and 
laundr>^ receiving stations with processing 
done e lsewhere; launderett e with not mor e 
than 2 e mployees and 1 own e r manager on 
sit e ; florist shops; food stor e s, grocer>^ stor e s, 
meat markets, bak e ries and delicatessens; 
foster homes for children; gift and card shops; 
stationar>^ stores; fabric shops; hardware 
stor e s; art galleries; picture frame stor e s; 
motorcycle sal e s; shoe and hat r e pair stores; 
multi purpose neighborhood cent e rs; 
newsstands; offices; optician stores; printing 
services; parks and playgrounds; r e cr e ation 
buildings and community centers; r e staurants 
and lunchrooms; phonograph, record and sheet 
music stor e s; tailor or dressmaking shops; 
tobacco shops; trav e l bur e aus; variety stores; 
video movie stor e s, sal e s and repair; and 
wearing apparel shops. 

Antique shops; art and school supply stores: art needlework 
shops: automatic banking terminals: banks and building 
and loan associations: barber shops: beauty shops: bicycle 
sales, rental and repair stores: book and magazine stores 
and similar establishments (Class A): boat sales, rental and 
repair establishments in a B-3 District: camera and 
photographic supply stores: camera sales and repair: candy 
and ice cream stores: carry-out food shops: catering 
establishments, food: china and glassware stores: coin and 
philatelic stores: day nurseries, group day care centers, and 
nursery schools: drug stores and pharmacies; dry cleaning 
and laundry receiving stations - processing done elsewhere: 



481 



Ord. 99-496 1 998- 1 999 Session 



electrical and household appliance repair stores; fabric 
shops; fire and police stations in a B-3 District; florist 
shops; food stores, grocery stores, meat markets, bakeries, 
and delicatessens; foster homes for children; furniture 
stores; garden supply, tool, and seed stores; gift and card 
shops; hardware stores; hobby shops; interior decorating 
shops; launderettes - not more than 2 employees on the 
premises in addition to 1 owner or manager; leather goods 
and luggage stores; libraries and art galleries; multipurpose 
neighborhood centers; newsstands; offices - business, 
governmental and professional; optician sales; parks and 
playgrounds; phonograph record and sheet music stores; 
picture framing shops; printing establishments; recreation 
buildings and community centers; restaurants and lunch 
rooms - but not including live entertainment or dancing; 
second hand stores and rummage shops; shoe and hat 
repair stores; stationery stores; tobacco shops; travel 
bureaus; variety stores; video movie stores, sales and 
rentals; wearing apparel shops. 

(3) Conditional us e s shall b e as follows: assist e d living 
faciliti e s as eld e rly housing, subj e ct to ordinanc e by 
Mayor and City Council, day nurseri e s, group day car e 
c e nters, and nurs e ri e s, pr e pared food deliv e ry services, 
theaters; animal hospitals that ar e odor proof and 
sound proof. R e staurants providing liv e ent e rtainm e nt, 
subj e ct to ordinanc e by Mayor and City Council. A 
minimum of 1 parking spac e p e r 250 squar e f ee t of use 
must b e d e monstrat e d in ord e r to off e r liv e 
ent e rtainm e nt. Conditional uses subject to approval by 
the Board of Municipal and Zoning Appeals shall be as 
follows: 

(i) prepared food delivery services; 

(ii) theaters; 

(iii) animal hospitals which are odor-proofed and sound- 
proofed in a B-2 and B-3 District; and 

(ii) fire and police stations in a B-2 District . 



482 



L 



1 998- 1 999 Session Ord. 99-496 



(4) Conditional uses subject to approval by ordinance of the Mayor 
and City Council shall be: housing for the elderly and 
restaurants providing live entertainment or dancing. A 
minimum of 1 parking space per 250 square feet of use must be 
demonstrated in order to offer live entertainment. 

b. Commercial Center 

In the land use aede area designated as a Commercial 
Center on the Land Use Plan Map, Exhibit No. 3- i, the 
allowed uses shall be as follows: 

(1) Dwellings 

(2) Commercial uses subject to the following: 

(i) The floor area ratio of large scale commercial uses shall not 
exceed 2.0. 

(ii) Commercial uses in newly constructed buildings shall 
occupy a gross retail space of 8,000 square fe e t or less. 
Newly constructed commercial buildings shall occupy 
a gross retail space of 8,000 square feet or less. 
Buildings larger than 8,000 square feet shall be subject 
to approval from the Planning Commission. 

(iii) Except for banks, there shall be no drive-in or drive up 
drive-through uses or services either as a principal or 
accessory use. 

(iv) Uses allowed in the Neighborhood Retail/Residential ftode 
land use area , subsection a. of this section, shall be allowed 
in the Commercial Center. Additional allowable uses shall 
be as follows: 

Antique and consignment establishments; automobil e 
acc e ssor)^ stores with no repair or installation s e rvic e s; 
balceri e s; blueprinting and photostating e stablishments; 
camera and photographic supply stores; carp e t and rug 
stores; catering establishments; china and glassware stores; 
clothing and costume r e ntal stores; computer centers;dry 
cl e aning establishments with not mor e than 4 employees; 
n e w electrical and hou se hold applianc e stor e s; fabric 



483 



Ord. 99-496 1 998- 1 999 Session 



s hops; furniture stor e s; gard e n supply, tool, and s ee d 
stor e s; hobby shops; int e rior d e corating shops; jewelry 
stor e s; l e ath e r goods and luggag e stor e s; liquor stor e s; 
offic e supply stor e s; optician sal e s; paint, wallpap e r, tile 
and floor cov e ring stores; p e t shops; phonograph record 
and sh ee t music stor e s; photocopying s e rvices; 
photograph e rs; picture framing shops; sporting and athletic 
goods stor e s; stationary stor e s; toy stor e s; V e netian blind 
and window shad e sal e s and serv^ic e ; upholstering shops; 
watch and clock shops. 

A. animal hospitals which are odor-proofed and 
sound-proofed in a B-3 District; 

B. automobile accessory stores - with no repair or 

installation services; blueprinting and photostating 
establishments; carpet and rug stores; clothing and 
costume rental stores; computer centers: dry 
cleaning establishments - not more than 4 
employees on the premises in addition to one 
owner or manager; jewelry stores - including 
watch repair; liquor stores - package goods; office 
supply stores; paint, wallpaper, tile, and 
floorcovering stores; pet shops; photographers; 
sporting and athletic goods stores; taverns - but not 
including live entertainment and dancing; toy 
stores; upholstering shops; Venetian blind and 
window shade sales and service; watch and clock 
shops. 

(3) Conditional uses subject to approval by the Board of 

Municipal and Zoning Appeals shall be as follows: animal 
hospitals that ar e odor proof and sound proof; schools and 
studios — music, danc e , and busin e ss; assist e d living 
faciliti e s as e ld e rly housing subj e ct to ordinanc e by th e 
Mayor and City Council of Baltimor e , day nurs e ries, group 
day car o cent e rs, nurs e ri e s, tav e rns, but not including liv e 
e ntertainment or dancing. 

(i) animal hospitals which are odor-proofed and sound-proofed 
in a B-2 District; 

(ii) schools and studios - music, dance, and business: and 
484 



1 998- 1 999 Session Ord. 99-496 



(iii) taverns including live entertainment and dancing. Taverns 
shall be subject to the same parking requirements as 
restaurants in the Neighborhood Retail/Residential Area. 

(4) Conditional uses subject to approval by ordinance of the Mavor 
and City Council shall be as follows: housing for the elderly. 

c. Residential/Office 

In the areas designated Residential/Office A and B on the Land Use 
Plan Map, Exhibit No. 2 i the allowed uses shall be as follows: 

(1) Dwellings 

(2) Office uses subject to the following: 

(i) Uses in Residential/Office A nod e land use area shall 
comply with the concept of a civic core. 

A. The allowable uses in Residential Office A shall be as 
follows: 

Offices - private; offices - governmental; offices - 
for non-profit and publicly owned organizations; 
parks and playgrounds; recreation buildings, 
libraries; post offices and community centers, 
religious institutions; civic uses - buildings used 
principally for education, worship, cultural 
performances and gatherings administered by non- 
profit, cultural, educational, and religious 
organizations; buildings used principally for local, 
state, and federal government administration of 
public services, educational services, cultural 
performances, and government-sponsored 
gatherings (exclusive of parole or rehabilitation 
services). 

B. Conditional uses subject to approval by the Board of 

Municipal and Zoning Appeals shall be as follows: 

Medical and dental clinics; day nurseries, group 
day care centers, and nursery schools. 



485 



Ord. 99-496 1 998- 1 999 Session 



C Conditional uses subject to approval by ordinance of 
the Mayor and City Council shall be as follows: 
housing for the elderly. 

(ii) In the Residential/Office B node land use area , the 

predominantly residential character of the neighborhoods 
shall be maintained. There shall be flexibility in permitting 
small office uses that are adaptable to a residential 
structure. Office uses in Residential/ Office B shall occupy 
a gross office area of 2,000 square feet or less and shall 
haye infrequent short-term servicing requirements. The 
floor area ratio shall not exceed 1.5. 

A. The allowable uses in Residential Office B shall be as 
follows: 

Offices - priyate; offices for non-profit and publicly 
owned organizations; parks and playgrounds; 
recreation buildings and community centers of less 
than 4,000 square feet; religious institutions. 

B. Conditional uses subject to approval by the Board of 
Municipal and Zoning Appeals shall be as follows: day 
nurseries, group day care centers, and nursery schools. 

C Conditional uses subject to approval by ordinance of 
the Mayor and City Council shall be as follows: 
housing for the elderly. 

d. Park/Recreational 

In the land use area designated Park/Recreational on the Land Use 
Map, Exhibit No. 2 i, the allowed uses shall be as follows: 
community events and public uses. 

e. Non-conforming uses 

A non-conforming use is any lawfully existing use of a building or 
other structure or of land that does not conform to the applicable 
use regulations of the district in which it is located, according to 
Article 30 of the Baltimore City Code, titled "Zoning". Non- 
conforming uses shall be allowed to continue, subject to the 
provisions of Chapter 8 of Article 30, titled "Non-Conformance." 



486 



1 998- 1 999 Session Ord. 99-496 



A non-conforming use that is discontinued for a period of 1 or more 
years shall lose its right to operate. Properties which have been 
vacant for a year or more shall lose their nonconforming status and 
be subject to the existing regulations and requirements. 

e f. Non-complying uses 

A non-complying structure, as set forth in Chapter 8 of Article 30 
of the Baltimore City Code titled "Zoning", is any lawfully existing 
structure which does not comply with the bulk regulations of the 
zoning district in which it is located. These non-complying 
structures shall be allowed to continue, subject to the provisions of 
Chapter 8. In addition, a non-complying use, when that term is 
used in this Ordinance, is any lawfully existing use of a building or 
other structure, or of land, which does not comply with the land use 
regulations of the Plan. These non-complying uses shall be allowed 
to continue for an indefinite period of time. 

Section 4. And be it further ordadjed, That the following 
property rehabilitation and development standards are used to support the 
character of the land use categories shown on the Land Use Plan Map, 
Exhibit No. 3- i (Neighborhood Retail/Residential, Commercial Center, 
Park/Recreational, and Residential/Office). These standards shall apply to 
all new construction, rehabilitation, signage, or other change in the use of 
any property within this Plan's boundaries. 

a. Standards Applicable to the entire Urban Renewal Plan District 

Property owners must comply with these design standards when 
improving their properties. No time limit for compliance is 
specified in this Plan. 

(1) Objectives 

(i) Encourage preservation and stabilization of existing 
structures. 

(ii) Protect and preserve the urban edge of 
Harford Road through appropriate design 
standards. 



487 



Ord. 99-496 1 998- 1 999 SESSION 



(iii) Insure that repairs, alterations, and improvements on 

individual buildings protect the original design character of 
the building. 

(iv) Insure that contemporary improvements and signs do not 
detract from the original character of the buildings. 

(v) Insure that new construction does not 
detract from the urban quality of Harford 
Road, meets urban design principles, and 
is not detrimental to the adjacent 
residential property or properties. 

(vi) Develop a design consistency by creating a balance 

between individual business signage and the overall image 
of a unified block. 

(vii) Insure that new and rehabilitated properties provide 
landscaping that contribute to the image of a pedestrian- 
friendly business district. 

(2) Standards 

(i) Front yard setbacks shall match pre-existing setbacks on the 
same block or shall be at the front yard property line. This 
do e s not prevent new construction from establishing 
setbacks at an angl e to the road, similar to some existing 
setbacks along Harford Road. In blocks on Harford Road 
where an angled setback currently exists, the angled 
setback mav be utilized in the design of new buildings. 

(ii) Exterior building materials are limited to wood, cedar 

shake siding, hardboard siding, lightweight concrete siding, 
vinyl siding, stucco, brick, of stone , or exterior insulation 
finishing surface on walls and second story rear only; walls 
shall be clad in wood, cedar shake siding, hardboard 
siding, light weight concrete siding, vinyl siding, stucco, 
brick, or stone. Exposed foundation walls shall be brick, 
stone, parged block, or painted, stained, or gray poured 
concrete. 



488 



1 998- 1 999 Session Ord. 99-496 



(iii) The following materials shall not be allowable: panelized 
materials, copp e r anodized aluminum that has been 
anodized a copper color . 

(iv) Ext e rior light fixtures shall b e compatibl e with the styl e of 
th e building th e y serv e . 

{¥) (iv) Roof top signs, including billboards, or signs mounted 
above a parapet, are 
not allowed. 

fvi) (v) Wire or chain link fencing shall not be used wh e re 
visibl e from on a public street or right-of-way, and the use 
of razor wire or security wire is prohibited. 

(vii) (vi) Security grills grilles are allowed on commercial 
property, if they are not visible during business hours and 
do not completely obscure the property when in use. 
Enclosures and housings for security grilles and screens 
and the hardware used to install the grilles must be as 
inconspicuous as possible and compatible with other 
elements of the facades. All exposed portions of the grille, 
screen, or enclosures that are normally painted, and all 
portions that require painting to preserve, protect, or 
renovate the surface must be painted in a neutral color. 

(viii) (vii) Religious institutions shall require 1 off-street 
parking space for every 4 seats. Previously awarded 
parking credits shall not be used to calculate this parking 
standard. 

(ix) (viii) Parking lots with more than 1 2 spaces shall include 1 
shade tree for every 4 spaces. Planting plans shall be 
required for all parking lots. 

Oe) ibC[ Commercial garage doors, loading docks and service 
areas shall be allowed only at the rear or side of the 
property for new construction. Whenever feasible, loading 
dock and service doors should be located so they are not 
visible from a public street. 

fe4 (x) All buildings shall hav e th e ir principal p e d e strian 

entrance on a str e et frontage lin e . The main entrance of a 



489 



Ord. 99-496 1 998- 1 999 Session 



building, which shall also be its primary operating 
entrance, shall face Harford Road. 

00 (xi) Off-street parking shall not be allowed between the 
front yard property line and a building facade. 

fxi) (xii) Accessory roof top structures such as antennas, 

satellite dishes, other communications equipment, HVAC, 
or other operating equipment shall be placed to be as 
inconspicuous as possible. 

{Mi} (xiii) Design standards for antennas shall include the 
following: 

A. Antennas may not exceed 1 5 feet in height by 3 feet in 

width and shall be designed to co locate with a 
minimum of ^ other providers accommodate co- 
location . 

B. Height shall be measured from the base of the antenna 

to the top. 

C. Appropriate screening shall be provided to prevent 

visibility by adjacent properties. 

D. Panels shall be placed along the side of a building as 
close to a roof as possible. Panels shall not exceed 12 
inches in height by 12 feet in diameter. 

E. Antennas and panels shall be subject to all existing 

FAA regulations. 

F. No freestanding towers shall be allowed. 

(xiii) Walls mat e rials 

A. Walls shall be clad in wood, cedar shak e siding, 
hardboard siding, lightw e ight concr e t e siding, 
vinyl siding, stucco, brick, or ston e . 

B-. — Expos e d foundation walls shall b e brick, ston e , parg e d 
block, or paint e d, s tained, or gray poured concr e t e . 



490 



1 998- 1 999 Session Ord. 99-496 



(xiv) Porches 

A. Materials 

1 . Porches shall be wood or faced with brick or stone 

or painted or stained wood . Vinyl siding is 
permitted only if it is consistent with existing 
structural material. 

2. Stoops shall be brick, stone, or poured concrete. 

Wood stoops shall be permitted if it can be 
demonstrated that they are consistent with the 
character and features of the building. 

3. Posts, columns, and railings shall be painted or 

stained wood, steel, or wrought iron. 

4. Piers and arches shall be brick or stone or faced 

with brick or stone. 

5. Chimney enclosures shall brick, stone, or stucco. 

6. Trim may be wood. 

B. Methods 

1 . Wood shall b e painted or stained with an opaqu e or 
semi solid stain, except wallcing surfaces, which 
may be unfinished. 

2 L Wood posts shall be no less than 6 inches by 6 
inches. 

3- 2. Piers shall be no less than 12 inches wide and 8 
inches thick. 

4 3. Arches shall be no less than 8 inches thick. 

5. Spac e s betw ee n spindles and balust e rs shall not 
exceed 3 inch e s. 



491 



Ord. 99-496 1 998- 1 999 Session 



6 4. Balconies shall extend beyond the face of the wall 
no more than 4 feet and shall be supported by exposed 
beams or brackets. 

7- 5. The undercroft of porches shall be enclosed with 
masonry or shall be skirted by wood or vinyl lattice. 

8. Decks may b e plac e d on r e ar e l e vations only. 

(xv) Decks 

Decks may be placed on rear or side yards only. 

{^e.^ (xvi) Roofs 

A. Materials ~ Pitched roofs shall be galvanized metal, 
clay tile, standing seam, copper, wood shakes, natural 
slate, or asphalt shingles. 

B. Methods 

1 . Roofs shall be simple, symmetrically pitched, and 
in the configuration of gables and hips. The pitch 
shall be between 6:12 and 14:12. 

2. Shed roofs shall be allowed when the ridge is 
attached to an exterior wall. The pitch shall 
between 3:12 and 14:12. 

3. Flat roofs shall be edged by a railing or parapet 
wall. 

4. Gable ends shall have profile trim. 

5. Skylights and solar panels may be placed on rear 
elevations only. 

6. Roofs built of steel standing seam shall be painted 
or galvanized. 

7. Asphalt shingles shall be black, dark gray, or 
green. 



492 



1 998- 1 999 Session Ord. 99-496 

8. Copper shall be allowed to age naturally. 
(xvi) (xvii) Openings 

A. Materials 

1 . Windows shall be wood, vinyl clad wood, vinyl, of 

ESP electrostat paint aluminum , kynar. or 
anodized aluminum . 

2. Glass shall be clear, except stained glass, art glass, 
and frosted glass of not mor e than 10 squar e feet 
per window . Glass block may be used when not 
facing a public spac e street. 

3. Doors shall be wood, embossed steel or fiberglass 
with a wood veneer, and/or glass. 

4. Doors facing a street shall be hinged. Automatic 

door alternatives will be considered. 

B. Methods 

1 . Windows and window lites shall be horizontal 
vertical in proportion. 

2. Windows shall be rectangular, except that a 
window may be circular, semicircular, hexagonal 
or octagonal in shape, but only one such window 
may be placed on each elevation. 

3. Bay windows facing a street shall extend to the 
ground or be structurally supported by brackets. 

4r — Lint e ls shall e xt e nd b e yond th e op e ning a 
dimension equal to th e height of th e lintel. 

& 4. Muntins, if provided, shall be real or mounted on 
the exterior surface. 

6 5. Two windows in the same rough opening shall be 
separated by a minimum 4 inch post. 



493 



Ord. 99-496 1 998- 1 999 SESSION 



1- 6. Windows shall be no closer than 2 feet from the 
comers of the building. 

% 7. Shutters shall be shaped, sized, and proportioned 
to the window they serve. 

9 8. Shutters shall be functional or provided with 
shutter dogs and mounted as if hinged to the 
window frame. 

4-0 9. Doors, including garage doors, shall have glass, 
raised panels or both. 

1 1 . Storm doors and scr e en doors shall be in full view 
and fr ee of d e corativ e trim. 

12. Garage doors facing a street shall not exc e ed 8 feet 
in height or 9 f e et in width. 



(xvii) (xviii) Yards 

A. Materials 

1 . Fences and gates shall be wood pickets, wood 
lattice in combination with boards, steel, wrought 
iron, or ESP aluminum. All other materials shall 
not be allowable. 

2. Garden walls shall be brick or stone. 

3. Retaining walls shall be brick or stone except 
those in rear yards which may be poured concrete 
or pressure treated wood. 

4. Walks and paths shall be brick, stone, slate, 
concrete (gray or stained), or concrete pavers. 

B. Methods 

1 . Terminal posts in fences (comers, openings, ends, 
etc.) shall be thicker and taller than other posts. 



494 



1998-1 999 Session Ord. 99-496 



2. Fences, walls, and hedges along streets, sidewalks, 
and parks, shall be between waist and ch e st 
height 3 and 4 feet in height . 

3. Wood fences shall be painted white, or stained 

whit e with an opaque stain. 

4. Steel Metal picket fences shall be steel or wrought 

iron f e nc e s and shall be painted black or dark 
green. 

5. Brick walls shall be a minimum of 8 inches thick 
and capped. Th e cap shall overhang a minimum of 
Vi inch. 

6. Retaining walls shall be betw ee n kne e and ch e st 

height not exceed 4 feet in height for each terraced 
level above grade . 

7. Poured concrete shall have a smooth finish. 

8. Patios may be placed only eft in rear el e vations or 

side yards . 



(xviii) (xix) Screening 



1 . Visible accessory HVAC rooftop structures shall 
be screened to minimize noise and views and 
protect the residential integrity of the 
neighborhoods. 

2. Parking lots that are at the front of a property or 
adjacent to a residential street shall be screened 
using landscaping, brick, wood, m e sh, or stone 
fences. Screening should prevent cars from being 
visible to residents and should be designed in a 
way that discourages vandalism, theft, and 
loitering. Landscaping should incorporate 
plantings that would discourage vandalism and 
loitering. 

3. Visual and sound buffers shall be provided 
between the interior sides and rear of businesses 



495 



Ord. 99-496 1 998- 1 999 SESSION 



and residential properties. Screening should be 
compatible with existing barrier techniques and 
should prevent cars and dumpsters from being 
visible to residents. Allowable materials include 
chain link f e nc e (if covered with mesh) black 
coated chain link fence , brick, stone, or wood. 

4. Dumpsters and trash receptacles shall be enclosed 
with masonry walls and opaque gates. 

(xix) F e nc e s and barri e rs 

All f e nc e s and barri e rs shall b e maintain e d on a r e gular 
basis. Own e rs shall hav e 30 days to repair a damaged 
stone, brick, wood or wire fence. Landscap e barri e rs shall 
b e trimmed on a r e gular basis, and dead or damaged 
shrubb e ry shall b e r e placed as n ee d e d. 

(xx) No new billboards shall be allowed. Existing billboards 
must b e r e mov e d by Baltimor e City within a 5 y e ar p e riod, 
p e nding th e availability of funds. 

(xxi) No outdoor food and vending machines shall be allowed. 

b. Additional standards applicable to Neighborhood Retail/Residential 

(1) Objectives 

(i) Retain the pedestrian, neighborhood services oriented 
commercial character. 

(ii) Encourage site design that enhances the urban quality of the 
area. 

(iii) Manage additions, alterations, and improvements so as to 
complement and carry forward original design character. 

(2) Standards 

(i) Signag e shall not b e int e rnally lit. Internally lit signs 
shall be permitted only in the interior of a building. 
Signs on the exterior of a building shall be limited to 
24 inches in height, and may extend the entire width of 



496 



1 998- 1 999 Session Ord. 99-496 



the building. Box signs are not permitted. Painted 
panel signs are allowed provided that colors and type 
style are compatible with the features of the 
surrounding buildings. Signage must be attached to 
the building using hardware made for that purpose. 
Blade signs no larger than 8 square feet are allowed 
and shall be mounted on brackets made for that 
purpose. Neon signs no larger than 4 square feet are 
allowed inside storefronts. Temporary signs must not 
exceed 20 percent of the total first floor glazing. No 
signs are allowed in second floor windows. No 
freestanding signs shall be allowed. 

(ii) Awnings must b e rectangular in shap e , may not be 
internally lit with lights mounted to the awning 
structure, and must not have an ''tgg crate" ceiling. 
The drip edge may be lettered with print no larger than 
6 inches high. Awnings may be fabricated only from 
canvas or canvas-like material that is retractable and 
must b e flame retardant. Awnings shall not project 
more than 6 feet from a building. Existing awnings 
with permanent lettering shall be considered signs. 
Existing awnings in good condition shall be allowed to 
remain. New and replacement awnings must comply 
with these standards. 

(iii) Existing front porches, stoops, railings, columns, posts, 
piers, and arches must b e retain e d retain features that are 
compatible with the character and features of the building . 

(iv) New storefronts shall have doors recessed a minimum of 3 
feet. These storefronts shall have a minimum glazing of 75 
percent of the area of the first floor elevation. 

c. Additional standards applicable to Commercial Center 

(1) Objectives 

(i) Require new development design to follow designs 
that retain an urban quality yet allow flexibility for 
modem retailing and commercial needs. Design 
should reflect an integration with the existing style of 
existing buildings. 



497 



Ord. 99-496 1 998- 1 999 Session 



(ii) View the area as a district of buildings rather than 
allowing new construction to relate only to Harford 
Road and vehicle traffic. 

(iii) Seek innovative solutions rather than stock designs. 

(iv) Protect surrounding residential areas. 

(v) Preserve the integrity of existing structures. 

(2) Standards 

(i) Site 

A. Screening must be provided at the property line in the 
interior side and rear yards between commercial and 
residential uses with a wood or masonry fence between 
8 and 1 2 that is at least 6 feet in height. 

E-. — Plans for new construction and rehabilitation shall 
conform to the guid e lin e s in App e ndix A. 

G B. Grass areas, landscaping, shrubs, and trees shall be 
properly maintained. Dead or damaged shrubbery 
shall be replaced as needed. 

(ii) Building 

A. Th e facade of n e w construction must occupy 75% of 
the stre e t frontag e line or front building lin e . The front 
fa9ade of new construction must be along the street 
frontage line of Harford Road. 

B. Temporary signs must not exceed 20 percent of the 
total first floor glazing. No signs are allowed in second 
floor windows. 

C. A minimum of 75 p e rc e nt 50% of a storefront's first 
floor fagade shall consist of show or display windows. 



498 



1 998- 1 999 Session Ord. 99-496 



(iii) Signage 

No free standing pole signs will be allowed. One internally 
lit monument sign shall be allowed for commercial 
properties over 20,000 square feet in size. Monument signs 
are considered to be free standing signs that are located at 
ground level. Blade signs greater than 8 feet in height shall 
be mounted above the storefront and perpendicular to the 
building. These signs may extend up to 4 feet from the 
building and may extend as high as the lintels on the top 
floor. Each commercial property shall be allowed one sign 
mounted to the building fagade no larger than 24 inches in 
height and may not extend beyond the width of the front 
building fa9ade. Signs must be mounted above the first 
floor windows, but no higher than 15 feet above grade. 

(iv) Awnings 

Awnings may be fabricated only from retractable canvas or 
canvas-like material and must be flame retardant. Awnings 
shall not be internally lit with lights mounted to the awning 
structure and must not have an ''egg crate" ceiling. The 
drip edge may be lettered with print no larger than 8 inches 
high. Awnings may not project more than 7 feet from a 
building's edge. Awnings which are currently in good 
condition will be allowed to remain. New and replacement 
awnings must comply with these requirements. Existing 
awnings with permanent lettering shall be considered signs 



d. Additional standards applicable to Residential/Office 

(1) Objectives 

(i) All Residential/Office 

Establish standards that will preserve the urban edge of 
Harford Road by preventing unnecessary demolition. 

(ii) Residential Office A 

A. Encourage location of institutional uses. 



499 



Ord. 99-496 1 998- 1 999 Session 



B. Encourage use of a civic architectural vernacular on 
public and institutional buildings. 

(ii) Residential Office B 

A. Encourage the continued use of residential buildings 

for residential purposes and small offices that do not 
negatively impact residential quality of life. 

B. Establish maintenance standards for residential 

structures. 



(2) Standards 
(i) Building 



At Existing front porches, stoops, railings, columns, posts, 
piers, and arches must be retained or rebuilt to 
accommodate the character and architectural features 
of the building . 

B. All repairs and maint e nance must be mad e within 30 
days of receipt of violation notice from the D e partm e nt 
of Housing and Community D e v e lopment. 

(ii) Signage 

Signage shall be limited to one indirectly illuminated sign 
per property no larger than 6 square feet. Freestanding 
signs are not allowabl e allowed . 

(iii) Awnings 

Awnings must b e r e ctangular in shap e , may not be 
internally lit with lights mounted to the awning structure, 
and must not have an ''egg crate" ceiling. The drip edge 
may be lettered with print no larger than 6 inches high. 
Awnings may be fabricated only from retractabl e canvas or 
canvas-like material and must be flame retardant. Awnings 
shall not project more than 6 feet from a building. 



500 



1 998- 1 999 Session Ord. 99-496 



Awnings that are in good condition shall be allowed to 
remain in their existing state. New or replacement awnings 
must comply with these requirements. Existing awnings 
with permanent lettering shall be considered signs 

e. Additional standards applicable to Park/Recreational 

(1) Objectives 

A. Retain the historic park as a community and civic space for 
public use. 

B. Establish the area as a gateway to the community. 
Maintain and improve landscaping consistent with its 
gateway image, welcoming residents and visitors to the 
corridor. 

(2) Standards 

A. Live music shall be limited to between 10 a.m. and 8 p.m. 

B. Sponsoring organizations shall be subject to all existing 
licensing regulations and permit requirements. 

C. Sponsoring organizations shall be responsible for removing 
all trash immediately following an event and for replacing 
damaged shrubbery within 30 days of the event. 

Section 5. And be it further ordained, That th e following 
provisions apply if there are conflicts within assembled property: 

a. Wher e where assembled properties include lots that are within and 
not within the urban renewal boundaries, theft the Rehabilitation and 
Development Standards in the Plan shall apply to entire assemblage. 

b. Where a portion of such an ass e mbl e d prop e rty is outside the 
boundary of th e Plan, the e xisting residential zoning will b e applied and no 
commercial use of the property will b e allowed. 

Section 6. And be it further ordained, That the minimum 
maintenance standards for all properties are as follows , and, unless 



501 



Ord. 99-496 1 998- 1 999 SESSION 



otherwise specified, all repairs and maintenance must be made within 30 
days of receipt of notification from the Department of Housing and 
Community Development : 

a. Occupied Properties 

(1 ) Businesses shall keep their properties free of trash. 

(2) All trash shall be placed in covered receptacles. 

(3) Properties which are affected by graffiti or flaking paint shall 
be repaired within 30 days of an incid e nt or wh e n flaking paint 
b e com e s visibl e of notification . 

(4) Repainting or repairs shall maintain the building's original 
character and quality and shall be in keeping with established 
architectural standards e stablished in Appendix A . 

(5) All properties shall have their street address displayed in a 
prominent manner using 2- to 4-inch lettering that is in keeping 
with the design standards established in the Plan. 

(6) Properti e s shall have e xterior night lighting to discourag e 
loit e ring or vandalism. Burned out lighting shall be r e plac e d 
w^ithin 5 days. 

P^ (6) All landscaping shall be trimmed and maintained oft-a 
r e gular basis . Landscape barriers shall be kept trimmed and 
well-maintained, and dead or damaged shrubbery shall be 
replaced as needed. 

(7) All fences and barriers shall be kept trimmed and well- 
maintained. Owners shall have 30 days to repair a defective 
fence or barrier. 

b. Vacant Properties and Lots 

(1 ) Grass and weeds shall not exceed 8 inches in height. All other 
landscaping and shrubbery must be maintained on a regular 
basis trimmed as needed. 



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1 998- 1 999 Session Ord. 99-496 



(2) Broken windows or oth e r forms of vandalism , graffiti, damaged 
signage, torn awnings, or other damage resulting from 
vandalism must be repaired within a §■ 15-day period. 

(3) All owners of vacant properties or lots are required to have an 
available phone number and current address on file with the 
Department of Housing and Community Development. 

(4) Trash shall be removed from property on a weekly basis and 
shall be kept in a secured receptacle. 

(5) Trash shall b e made availabl e for r e gular pick ups. Property 
shall be maintained free of trash and debris. 

(6) Outdoor No new outdoor pay telephones and vending machines 
shall be prohibit e d permitted . 

(7) Buildings shall b e maintained to give th e app e aranc e that they 
are occupied. Vacant or unoccupied properties shall not be 
boarded on the front facades. 

c. Compliance 

(1) Violations of the minimum maintenance standards shall b e 
reported to th e — Department of Housing and Community 
D e v e lopm e nt. Reports may b e made by any individual or 
organization. Within 24 hours of rec e iving notification that 
vandalism or oth e r violations hav e occurred, Department staff 
shall notif>^ the prop e rty owner or th e owner's r e gist e r e d agent. 
Within 1 5 days of receipt of a complaint, the Department of 
Housing and Community Development shall investigate and 
notify the property owner or owner's registered agent of any 
violations. 

(2) Structural repairs shall be made within 30 days from the date of 
a notice from the Department of Housing and Community 
Development. 

(3) Unl e ss otherwis e provided in th e Plan, all non structural 
repairs, including brok e n windows and doors shall b e mad e 
within 5 days of receipt of a notic e from th e D e partm e nt of 
Housing and Community D e velopm e nt. 



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Ord. 99-496 1 998- 1 999 Session 



(4) Vandalized prop e rti e s must b e secured within a 5 day p e riod. 

(^ (3} Property owners who require additional time to make a 
repair must notify the Department of Housing and Community 
Development eith e r in writing or by tel e phone and include a 
completion date. Bas e d upon th e natur e of the r e pair, the 
D e partm e nt may allow up to 2 e xtensions of a deadlin e . 

(6) (4) Property owners who fail to meet these standards shall be 
subject to existing fme and violation provisions of law, and 
penalties provided under Section 17 of this Ordinance. 

Section 7. And be it further ordained, That procedures for the 
review of rehabilitation plans are as follows: 

a. In order to insure that development is consistent with the 
requirements and objectives of this Ordinance, all plans and 
specifications must be submitted to and approved by the 
Department of Housing and Community Development as follows: 

1 . Review of Plans for New Construction, Exterior Rehabilitation, 
or Change in Use. 

All plans for new construction (including parking lots), exterior 
and interior rehabilitation, of site improvements, change in use 
on any property, and signage or oth e r cosmetic changes, shall 
be submitted to the Department of Housing and Community 
Development for review. Only upon finding that the propos e d 
plans are consistent with the objectives of th e Plan shall th e 
Commission e r authorize the proc e ssing of th e plans for 
issuanc e of a building p e rmit r Once the plans have been 
received, a review process to determine if the proposed project 
meets the objectives of the Plan shall begin. Prior to 
submitting, the developer is encouraged to seek community 
approval. The review process followed for new plan review 
shall be consistent with the guidelines established in subsection 
c, "Community Review", of this section. The p e rmit r e quest 
Permit requests for new construction, substantial renovations, 
or changes in property use must be forwarded to the Harford 
Road Partnership, Inc , (HARP) and HARBEL which will be 
given ^ 4 weeks to respond with a recommendation to the 
Department of Housing and Community Development. Written 



504 



1 998- 1 999 Session Ord. 99-496 



notification to the community or communities shall be provided 
by HARBEL within 5 days of receipt of notice from the 
Department. Within 5 days of receipt of notice, the Harford 
Road Partnership. Inc. shall advise the Community Review 
Panel members and their respective groups and HARBEL shall 
advise the community or communities most impacted that 
notification has been received from the Department of Housing 
and Community Development of a development proposal, 
rehabilitation plan, or change of use for a specific property or 
properties, and shall arrange a meeting between the developer, 
the Community Review Panel, and the impacted communities. 
Written comments from this meeting shall be forwarded to all 
members of the Community Review Panel and the presidents of 
the impacted community groups. The community groups shall 
have responsibility for distributing information to their 
membership. Written comments shall be provided by the 
community groups to the Harford Road Partnership. Inc.. which 
shall also distribute them to the Community Review Panel. 
Community-wide meetings can provide an additional 
opportunity for input. The Community Review Panel shall 
issue the final recommendation to approve or deny a project 
based on community input. Each recommendation made by the 
Community Review Panel concerning a specific project 
reviewed by the Panel shall be considered binding upon the 
Harford Road. Partnership. Inc. 

Permit requests for cosmetic or signage changes or minor 
rehabilitation shall be immediately forwarded to the 
Community Review Panel. The final determination for the 
review process shall be decided by the Department of Housing 
and Community Development. Upon finding that the 
application is complete and there is evidence of review by 
HARP, and the proposed plan is consistent with the objectives 
of this Plan, the Commissioner shall authorize the issuance of 
the necessary permit. If the Commissioner finds that the 
proposal is inconsistent with the objectives of this Plan, 
issuance of the permit shall be denied. 

The provisions of this subsection are in addition to and not in 
lieu of all other applicable laws and ordinances relating to new 
construction. 



505 



Ord. 99-496 1 998- 1 999 Session 



2. Demolition. 



All applications for demolition permits shall be submitted to 
The Department of Housing and Community Development for 
review and approval. Prior to submitting a permit, the 
d e v e lop e r applicant is encouraged to seek community approval. 
Standards for preservation and demolition of properties shall be 
based upon design guidelines written and distribut e d by Hi\RP 
established for the Harford Road Commercial District . U 
w^ritt e n standards are not availabl e , the dev e loper shall be 
e ncourag e d to consult with Hi'VRP. 

The r e view process followed for demolition shall b e consistent 
with th e guid e lines established in subsection c, "Community 
R e vi e w", of this section. The application must be accompanied 
by a building permit for n e w construction and a r e nd e ring of 
th e proposed fa9ade with accompanying signag e , awnings, 
architectural d e tails, sit e plans, planting plans and building 
construction mat e rials. 

Demolition permits shall not be issued until after a building 
permit has been approved and issued. 

The d e molition requ e st must b e forwarded by th e D e partm e nt 
of Housing and Community Dev e lopm e nt to H/\RP, which will 
b e giv e n 8 w^ ee ks to r e spond and provid e a r e comm e ndation to 
th e D e partment of Housing and Community D e velopm e nt. 
Upon finding that th e application is complete and th e re is 
evid e nc e of r e vi e w by Hi\RP and th e propos e d demolition is 
consist e nt with the obj e ctiv e s of this Plan, th e Commission e r 
shall authoriz e th e issuanc e of th e n e cessar>^ p e rmit. If th e 
Commission e r finds that th e proposal is inconsist e nt with th e 
obj e ctives of th e Plan, issuanc e of th e p e rmit shall b e d e ni e d. 

b. Department of Housing and Community Development Review. 

The Department of Housing and Community Development 
specifically reserves the right to review and approve the plans and 
specifications for development or rehabilitation with respect to their 
conformance with the provisions of the Plan and in order to achieve 
harmonious development of the project area. The Department also 
reserves the right to refuse to approve any such drawings, plans, or 
specifications that are not suitable or desirable, in its opinion, for 



506 



1 998- 1 999 Session Ord. 99-496 



aesthetic or functional reasons; and in so passing upon such 
drawings, plans and specifications, it shall have the right to take 
into consideration, but shall not be limited to, the suitability of the 
site plan, architectural treatment, building plans, elevations, 
materials and color, construction details, access, parking, loading, 
landscaping, identification, signs, exterior lighting, refuse 
collection details, streets, sidewalks, and the harmony of the plans 
with the surroundings. 

The Department of Housing and Community Development will 
luily utilize its Design Advisory Panel to work with developers in 
the achievement of high quality site, building, and landscape design 
for new construction projects. 

c. Community Review 

There is a Community Review Panel that is facilitated by the 
Harford Road Partnership, Inc. The purpose of this Panel is to 
facilitate review, an4 to approve or declin e to approv e recommend 
its approval or disapproval of proposals for rehabilitation, design, 
and fagade changes and new development to the Commissioner of 
the Department of Housing and Community Development , and to 
ensure that the needs of those communities most impacted by 
development are met. The Community Review Panel shall b e 
r e sponsibl e for adhering to the operating guidelines attached in 
Appendix B. 

Procedures for approving or declining to approve projects are 
established in the Community Review Panel operating guidelines. 
These guidelines will give impacted communities a greater role in 
determining whether to approve or decline to approve specific 
projects. 

The Community Review Panel is an advisory board, and the 
Department of Housing and Community Development has final 
approval or disapproval authority. 

Section 8. And be it further ordained. That it may be necessary 
to acquire by purchase, or by condemnation, for urban renewal purposes, 
the fee simple interest or any lesser interest in and to properties in the 
project area not specifically designated for acquisition as may be deemed 
necessary and proper by the Commissioner of the Department of Housing 
and Community Development to effect the proper implementation of the 



507 



Ord. 99-496 1 998- 1 999 Session 



project. Acquisition of property shall only be used when it advances the 
objectives of this Plan. Acquisition shall require an amendment to the Plan. 
An amendment for acquisition of property shall consider appropriate 
additional Land Use Plan requirements and development and rehabilitation 
standards. These properties may include: 

1. Non-sal vables: 

Any property in areas designated for rehabilitation containing a 
non-salvable structure, i.e., a structure which, in the opinion of the 
Commissioner of Housing and Community Development, cannot be 
economically rehabilitated without public intervention. 

2. Other properties: 

In order to carry out rehabilitation by the Department of Housing 
and Community Development or for resale, other properties may be 
acquired if: 

a. rehabilitation on a structure-by-structure basis is 
infeasible and assembly of a group of properties is 
required to carry out the objectives set forth in this 
Plan; or 

b. rehabilitation of individual, scattered properties is 
necessary in order to remove blighting influences 
from otherwise sound blocks. 

Section 9. And be it further ordained. That upon the acquisition 
of any of the property described in Section 8 of this Ordinance, the 
Department of Housing and Community Development, after consulting with 
Harford Road Partnership, Inc, the Community Review Panel, and the 
affected associations, must do one of the following: 

1 . Demolish the structure or structures located on the property and 
dispose of the land for redevelopment for uses in accordance with the Plan; 
or 

2. Sell or lease the property subject to rehabilitation in conformance 
with the codes and ordinances of Baltimore City and the property 
rehabilitation standards set forth in the Plan; or 

3. Rehabilitate the property in conformance with the codes and 

508 



1 998- 1 999 Session Ord. 99-496 



ordinances of Baltimore City and dispose of property in accordance with 
applicable regulations. 

Prior to disposition, th e The Commissioner of the Department of Housing 
and Community Development must notify HARP and provide as much non- 
proprietary information as possible regarding the disposition and its impact 
on the Plan. HARP shall b e given an opportunity to mak e recommendations 
as th e cont e nts of the disposition agr ee m e nt and additional r e strictions that 
would help furth e r th e obj e ctiv e s of th e Plan. The Department of Housing 
and Community Development shall fix the precise boundaries and size of 
the land to be disposed. Land to be disposed of may be subdivided or 
combined. 

Section 10. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, or any person 
designated by the Boards of Estimates, and in any manner designated by the 
Board of Estimates in the exercise of the power vested in it by Article V § 5 
of the Baltimore City Charter, is authorized to acquire on behalf of the 
Mayor and City Council, for the purposes described in this Ordinance, the 
fee simple or lesser interest in any property or portion of property described 
in Section 8 of this Ordinance. If the Division or person is unable to agree 
with the owner on the purchase price of the property or portion of property, 
the Division or person must notify the City Solicitor who shall institute the 
necessary legal proceedings to acquire the fee simple or lesser interest in the 
property by condemnation. 

Section 11« And be it further ordained, That the Department of 
Housing and Community Development assures that any resident, firm or 
individual business displac e d from its pr e s e nt location of operation du e to 
th e requirem e nts of this Plan, will be giv e n favorabl e consid e ration, but not 
nec e ssarily priority by the D e partment of Housing and Community 
Development in th e r e vi e w of commercial red e velopment proposals. 

Section 42 11. And be it further ordained. That no changes are 
proposed to the existing zoning (see Zoning, Exhibit No. 3- 2). fr4s 
recognized that existing zoning in many cas e s e xc e eds what is d e sirabl e and 
land use controls approved under this Ordinanc e will provid e appropriat e 
controls. Furthermore, it is recognized that this Ordinance establishes two 
levels of control. Controls and regulations established bv this Ordinance 
shall take precedence over existing regulations except in instances where a 
higher standard for the greater public health prevails . 



509 



Ord. 99-496 1 998- 1 999 Session 



Section ii 12. And be it further ordained. That the Plan may be 
changed at any time through amendment by the Mayor and City Council. 
Additionally, there shall be an annual review of the Plan conducted by 
HARP and to make recommendations to the Department of Housing and 
Community Development. HARP shall be responsible for notifying the 
community of the review period. During this review period, any resident, 
business, property owner or institution within the Plan's boundaries may 
propose changes to the Plan. Any written comments and recommendations 
pertaining to this review shall be transmitted to the Department of Housing 
and Community Development no later than 4 weeks after the proposed 
amendments have been submitted to HARP. The Department of Housing 
and Community Development shall submit to HARP all proposed 
amendments to the urban renewal plan r e sulting from th e r e view prior to 
b e ing submitt e d to th e Dir e ctor of th e D e partm e nt of Planning introduced 
by the Administration . Prior to passage of any ordinance amending the Plan^ 
a public hearing shall be held and HARP , its successor or assignee, shall 
receive at least 44 7 days notice prior to the public hearing , indicat e d by 
writt e n notic e th e tim e and plac e of th e hearing. Where property has b ee n 
dispos e d of by th e City and would b e materially affect e d by a chang e in the 
Plan, th e Departm e nt of Housing and Community Dev e lopment must giv e 
th e property own e r 15 days' notic e prior to the public h e aring, with th e tim e 
and plac e of th e hearing, and information as to wh e r e a copy of the 
propos e d am e ndm e nt may b e inspected . 

Section 44 13. And be it further ordained, That the Plan and any 
amendments shall remain in full force and effect for a period of 20 years 
from the date of the latest amendment by the Mayor and City of Council of 
Baltimore. 

Section 45 14. And be it further ordained. That Exhibit No. 1 ., 
"Urban R e newal Plan Boundar y ^", Exhibit No. 2 L, "Land Use Plan", and 
Exhibit No. 3-2., "Zoning Classifications", all dated June IL 1999 , are 
approved. 

Section 16. And be it further ordained. That Appendix A, 
"D e sign Standards in th e Mast e r Plan for Harford Road from H e rring Run 
Park to Echodal e Av e nu e ", and App e ndix B, "Community R e vi e w- Pan e l 
Op e rating Guid e lin e s", both dat e d , arc approv e d. 

Section 47 15. And be it further ordained. That any person who 
violates any of the provisions contained in Sections 4 and 6 of this 
Ordinance is subject to a fine not exceeding $100, and each day's violation 
constitutes a separate offense. This plan mav be enforced by injunction. 



510 



I 



1 998- 1 999 Session Ord. 99-497 



Section 4S 16. And be it further ordained, That if the Urban 
Renewal Plan approved by this Ordinance in any way fails to meet the 
statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 44^ 17. And be it further ordained. That if any provision 
of this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 20 18. And be it further ordained. That if a provision of 
this Ordinance concerns the same subject as a provision of any zoning, 
building, electrical, plumbing, health, fire, or safety law or regulation, the 
applicable provisions shall be construed to give effect to each. However, if 
the provisions are found to be in irreconcilable conflict, the one that 
establishes the higher standard for the protection of the public health and 
safety prevails. If a provision of this Ordinance is found to be in conflict 
with an existing provision of any other law or regulation that establishes a 
lower standard for the protection of the public health and safety, the 
provision of this Ordinance prevails and the other conflicting provision is 
repealed to the extent of the conflict. 

Section 2i 19. And be it further ordained. That this Ordinance 
takes effect on the 30th day after the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-497 
Council Bill 99-963 

An Ordinance Concerning 

Planned Unit Development — Designation — 
New^ George Murphy Homes/Emerson Julian Gardens 

For the purpose of approving the application of the Housing Authority of 
Baltimore City to have certain property known as George Murphy 



511 



Ord. 99-497 1 998- 1 999 Session 



Homes/Emerson Julian Gardens designated a Residential Planned Unit 
Development; waiving certain requirements; and approving the 
Development Plan submitted by the applicant. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-2 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

The Housing Authority of Baltimore City is presently the fee simple 
owner of portions of the property known as George Murphy 
Homes/Emerson Julian Gardens, bounded generally by Franklin Street, 
Fremont Avenue, Edmonson Avenue, Brune Street, Hoffman Street, Argyle 
Avenue, and Martin Luther King, Jr. Boulevard, consisting of 32 acres, 
more or less. 

Under the authority of Ordinance 98-337 and Ordinance 98-338, the 
Mayor and City Council of Baltimore City intends to acquire the remaining 
properties in the area proposed for designation as the Residential Planned 
Unit Development. 

The Housing Authority proposes to build 260 dwelling units, of which 
254 will be single-family, detached, semi-detached, or attached rowhouses, 
and 6 will be in 3 multifamily structures, and a multipurpose center to serve 
the residents of the development. 

On February 25, 1999, representatives of the Housing Authority of 
Baltimore City met with the Department of Planning for a preliminary 
conference, to explain the scope and nature of existing and proposed 
development on the property and to institute proceedings to have the 
property designated a Residential Planned Unit Development. 

The representatives of the Housing Authority of Baltimore City have 
applied to the Baltimore City Council for designation of the property as a 
Residential Planned Unit Development, and they have submitted a 
Development Plan intended to satisfy the requirements of Article 30, 
§§ 12.0-1 and 12.0-2 of the Baltimore City Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the application of 



512 



I 



1 998- 1 999 Session Ord. 99-497 



the Housing Authority of Baltimore City for designation of the property 
known as George Murphy Homes/Emerson Julian Gardens, bounded 
generally by Franklin Street, Fremont Avenue, Edmonson Avenue, Brune 
Street, Hoffman Street, Argyle Avenue, and Martin Luther King, Jr. 
Boulevard, consisting of 32 acres, more or less, as outlined on the 
accompanying Development Plan entitled "New George Murphy 
Homes/Emerson Julian Gardens", dated March 15, 1999, as a Residential 
Planned Development under Article 30, §§ 12.0-1 and 12.0-2 of the 
Baltimore City Code. 

Section 2. And be it further ordained. That the Development 
Plan submitted by the Housing Authority of Baltimore City, consisting of 
Sheet 1, "Existing Conditions", dated March 15, 1999, and Sheet 2, "Master 
Plan for the New Murphy Homes/Julian Gardens Planned Unit 
Development", dated March 15, 1999, is approved. 

Section 3. And be it further ordained, That the following uses 
are permitted on the property, subject to the following limitations: 

a. A maximum of 260 dwelling units, of which 254 will be located in 
single-family detached, semi-detached, or attached rowhouse 
structures. The remaining 6 units will be located in 3 multifamily 
structures. Off-street parking must be provided at an overall ratio 
of .85 spaces per unit. The conversion of single family units to 
multifamily dwellings is not permitted. 

b. A multipurpose center to serve primarily the residents of the New 
Murphy Homes/Julian Gardens Planned Unit Development and the 
surrounding community. The center may not exceed 15,000 square 
feet, and will include meeting spaces, a rental/management office, 
and a day care center (for adults or children, after-school). A 
minimum of 4 off-street parking spaces must be provided for the 
multipurpose center. 

Section 4. And be it further ordained. That if the Planned Unit 
Development approved by this Ordinance in any way fails to meet the 
statutory requirements for the preparation, adoption, and approval of a 
planned unit development, those requirements are waived and the Planned 
Unit Development approved by this Ordinance is exempted from them. 

Section 5. And be it further ordained, That all plans for the 
construction of permanent improvements on the property must be reviewed 



513 



Ord. 99-498 1 998- 1 999 Session 



by the Planning Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 

Section 6. And be it further ordained, That the Planning 
Department may determine what constitutes minor or major modifications 
to the Plan. Minor modifications require approval by the Planning 
Commission. Major modifications require approval by Ordinance. 

Section 7. And be it further ordained, That as evidence of the 
authenticity of the accompanying Development Plan and in order to give 
notice to the agencies that administer the City Zoning Ordinance: (i) when 
the City Council passes this Ordinance, the President of the City Council 
shall sign the Development Plan; (ii) when the Mayor approves this 
Ordinance, the Mayor shall sign the Development Plan; and (iii) the 
Director of Finance then shall transmit a copy of this Ordinance and the 
Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 7. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted, and applies to all property 
within the Planned Unit Development then owned by the Mayor and City 
Council of Baltimore City or the Housing Authority of Baltimore City, and 
will apply to every other property within the Planned Unit Development 
immediately on that property's acquisition by the Mayor and City Council of 
Baltimore City. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-498 
Council Bill 99-971 

An Ordinance Concerning 

Urban Renewal — Liberty - Garrison Business Area — 
Amendment 2 

For the purpose of amending the Urban Renewal Plan for Liberty - 
Garrison Business Area to provide for the addition of drive-in 



514 



1 998- 1 999 Session Ord. 99-498 



pharmacies; waiving certain content and procedural requirements; 
making the provisions of this Ordinance severable; providing for the 
application of this Ordinance in conjunction with certain other 
ordinances; and providing for a special effective date. 

By authority of 

Article 13 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

The Urban Renewal Plan for Liberty - Garrison Business Area was 
originally approved by the Mayor and City Council of Baltimore by 
Ordinance 90-534 and last amended by Ordinance 94-326. 

An amendment to the Urban Renewal Plan for Liberty - Garrison 
Business Area is necessary to provide for the addition of drive-in 
pharmacies. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following changes in the Urban Renewal Plan for 
Liberty - Garrison Business Area are approved: 

On page 3 of the Plan, in B. LAND USE PLAN , 2. Permitted Land 
Uses, a. Community Business , after "display rooms for mail order 
sales", add "DRUG STORES AND pharmacies, drive-in — BUT NOT 
INCLUDING the SALE OF ALCOHOLIC BEVERAGES AND TOBACCO 
PRODUCTS,". 

Section 2. And be it further ordained. That the Urban Renewal 
Plan for Liberty - Garrison Business Area, as amended by this Ordinance 
and identified as "Urban Renewal Plan, Liberty - Garrison Business Area, 
revised to include Amendment 2, dated March 29, 1999", is approved. The 
Clerk of the City Council shall file a copy of the amended Urban Renewal 
Plan with the Department of Legislative Reference as a permanent public 
record, available for public inspection and information. 



515 



Ord. 99-499 1 998- 1 999 Session 



Section 3. And be it further ordained, That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 4. And be it further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 5. And be it further ordained. That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 6. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-499 
Council Bill 99-973 

An Ordinance Concerning 



Zoning — Conditional Use Drive-In Pharmacy — 

3801-3837 Liberty Heights Avenue, 3319-3333 Garrison Boulevard, and 

3320-3322 Ayrdale Avenue (Lots 6, 7, 8 Block 2900) 



516 



1 998- 1 999 Session Ord. 99-499 



For the purpose of permitting, subject to certain conditions, the 

estabhshment, maintenance, and operation of a drive-in pharmacy on 
the properties known as 3801-3837 Liberty Heights Avenue, 3319-3333 
Garrison Boulevard, and 3320-3322 Ayrdale Avenue (Lots 6, 7, 8 
Block 2900), as outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s) 6.2- Id- 14 and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a drive-in pharmacy on the properties known 
as 3801-3837 Liberty Heights Avenue, 3319-3333 Garrison Boulevard, and 
3320-3322 Ayrdale Avenue (Lots 6, 7, 8 Block 2900), as outlined in red on 
the plat accompanying this Ordinance, in accordance with Article 30, §§ 
6.2- Id- 14 and 1 1.0-6d of the Baltimore City Code, subject to the condition 
that following conditions: 

1 . the properties must be developed in accordance with the 
Landscaping Plan, dated March 24, 1999, attached to this 
Ordinance, and the final landscaping plan and selection of plant 
species is subject to Planning Department approval; 

2. the properties must be developed in accordance with the 
Building Elevations Plan, which includes fencing and sign 
details, dated March 22, 1999, and attached to this Ordinance: 

3. only 1 freestanding identification sign may be erected, a 
maximum of 25 feet tall, and with a total display area not to 
exceed 80 square feet: 

4. any changes to the Landscaping Plan or Building Elevations 
Plan are subject to approval by the Planning Department; 

5. Village Builders 98 will be responsible for the expense of 

modifying Ayrdale Avenue to accommodate two-way traffic; 

6. if the Department of Public Works determines that the 
intersection of Garrison Boulevard and Liberty Heights must be 
widened. Village Builders 98 will dedicate the portion of land 



517 



Ord. 99-500 1 998- 1 999 Session 



abutting Garrison Boulevard, shown on the Conditional Use 
Plan dated as revised March 25. 1999. to the City; if the City 
chooses to accept the land, the City will be responsible for the 
costs of preparing and filing the deed; 

7. consolidation of the properties would not constitute a change in 
the conditional use; and 

8^ the drive-in pharmacy compli e s must comply with all applicable 
federal, state, and local licensing and certification requirements. 

Section 2. And be it further ordained. That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-500 
Council Bill 99-978 

An Ordinance Concerning 

Zoning — Required Right-of-Way 



For the purpose of providing that the Planning Commission may reduce 
certain right-of-way requirements for certain streets; and correcting and 
conforming certain language. 



518 



1 998- 1 999 Session Ord. 99-500 



By repealing and reordaining, with amendments 

Article 30 - Zoning 

Section(s) 13.0-2-52 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 
Article - Zoning 
Section(s) 1-156 
Baltimore City Revised Code 

(As enacted by Ordinance xx-xxx [Bill 98-830 (Revised Code - 
Zoning)]) 

By adding 

Article - Zoning 
Section(s) 2-123 
Baltimore City Revised Code 

(As enacted by Ordinance xx-xxx [Bill 98-830 (Revised Code - 
Zoning)]) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 30 — Zoning 

Chapter 13 — Rules and Definitions 

§ 13.0-2. Definitions. 

52. Lot lint, front: that boundary of a lot [which] THAT coincides with 
the right-of-way line of an existing or dedicated public street or, where 
no public street exists, coincides with the right-of-way line of a public 
or private way [;]. 

(A) Streets. 

(1) [where such] EXCEPT AS PROVIDED IN paragraph (2) 
of this subsection, if the public or private way is not 
a dedicated street, the right-of-way of [such] THE public 
or private way [shall] MUST be at least 50 feet wide[;]. 



519 



Ord. 99-500 1 998- 1 999 SESSION 



(2) as part of the process of subdivision or planned 
unit development approval, the planning 
Commission may reduce the required width of the 
right-of-way of a local residential street by up 

TO 10 FEET. 



(B) Pedestrian ways. 



(1) [provided, however, that] EXCEPT AS PROVIDED IN 
PARAGRAPH (2) OF THIS SUBSECTION, private ways 
limited exclusively to pedestrian traffic [shall be not 
less than] must be at least 30 feet wide. [Subject to 
the provisions of Section 2.0-5 of this ordinance, the 
owner of a street comer may select either street lot line 
as the front lot line.] 

(2) [In order to] To encourage planned group development 
of land [which] THAT binds on a pedestrian traffic 
private way, so that ADJOINING buildings [adjoining 
thereon shall] will be constructed or rehabilitated in a 
harmonious and architecturally attractive manner to 
the end that the general welfare will be promoted in 
that [such] development OF THIS SORT tends to stabilize 
and enhance the economic values of all properties in 
the area and provides an incentive for proper 
maintenance and elimination of obsolescence, the 
Board, after public notice and hearing, as provided in 
[Section] § 1 1.0-3 of this [ordinance] ARTICLE and 
subject to the other applicable provisions [thereof] OF 
THIS ARTICLE, is authorized to make special exceptions 
or permit variances [to the extent and upon the 
conditions hereinbelow set forth,] from the 
requirement that private ways limited exclusively to 
pedestrian traffic [shall not be less than] MUST BE AT 
LEAST 30 feet wide[;] UNDER THE FOLLOWING 
CONDITIONS: 

[(a)](I) An exception or variance may be made 
only in connection with the entire 
length of a pedestrian traffic private way 
[which] THAT is located between two 



520 



1998-1999 Session Ord. 99-500 



public or private ways [which] THAT 
intersect [such] THE pedestrian traffic 
private way[;]. 

[(b)] (II) In no case [shall] may any [such] 
exception or variance permit any 
[such] pedestrian traffic private way to be 
reduced in width by more than [five] 5 
feet, and any [such] reduction in the width 
of any [such] pedestrian traffic private 
way [shall] may not extend in length more 
than [20 per cent] 20% of the length of 
[such] THE pedestrian traffic private way 
between any two intersecting public or 
private ways[;]. 

[(c)] (m) The owners of all property adjoining on 
[such] THE pedestrian traffic 
private way [shall] MUST join in the 
application to the Board seeking [such] 
THE exception or variance[;]. 

[(d)] (IV) [Prior to] Before granting [any such] an 
exception or variance, the 
Board shall obtain from the Planning 
Commission an advisory report and 
recommendation as to whether or not 
[such] THE exception or variance should 
be granted. 

(c) Corner LOT. 

Subject to the provisions of § 2.0-5 of this article, 
the owner of a street corner lot may select either 
street lot line as the front lot line. 

Section 2. And be it further ordained. That if Bill 98-830 
(Revised Code — Zoning) is enacted, the Laws of Baltimore read as 
follows: 

Baltimore City Revised Code 

Article — Zoning 

521 



Ord. 99-500 1 998- 1 999 Session 

§ 1-156. Lot line. 

(a) In general. 

"Lot line" means a line bounding a lot. 

(b) Types of lot lines. 

The following are the types of lot lines: 

(1) Front lot line: the lot line that: 

(i) coincides with the right-of-way line of an 
existing or dedicated public street; or 

(ii) where no public street exists, coincides with 
the right-of-way line of a public or private way 
that, if it is not a dedicated street, is: 

(A) a at least 50 feet wide, UNLESS 
otherwise authorized by the 
Planning Commission under 
§ 2-123 OF this article; or 

(B) if limited exclusively to pedestrian 
traffic, at least 30 feet wide, unless 
otherwise authorized by variance. 

(2) Rear lot line: the lot line that is most distant from and is 
opposite the front lot line. 

(3) Side lot line: any lot line that is neither a front lot line 
nor a rear lot line. 

§ 2-123. Front lot line by streets. 

For purposes of establishing ftiont lot lines, as part of the 

PROCESS OF subdivision OR PLANNED UNIT DEVELOPMENT APPROVAL, 

THE Planning Commission may reduce the required width of the 

RIGHT-OF-WAY OF A LOCAL RESIDENTIAL STREET BY UP TO 1 FEET. 



522 



1 998- 1 999 Session Ord. 99-50 1 



Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-501 
Council Bill 99-996 



An Ordinance Concerning 

Ammunition Access by Minors — Prohibited Transactions 

For the purpose of prohibiting the sale or other transfer of firearm 

ammunition to minors; requiring purchasers of ammunition to present 
proof of age; defining certain terms; imposing certain penalties; and 
generally relating to preventing access by minors to ammunition. 

By adding 

Article 1 9 - Police Ordinances 

Section(s) 117B 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 - Police Ordinances 

Subtitle — Pistols and Guns 



523 



Ord. 99-50 1 1 998- 1 999 Session 

§ 117B. Sale, etc., of ammunition to minors. 

(A) Definitions. 

(1) In GENERAL. 

In this section, the following terms have the 

MEANINGS indicated. 

(2) Ammunition. 

"Ammunition" means any cartridge, shell, or other 
device that contains explosive or incendiary 
material and is designed or intended for use in any 

HREARM. 

(3) Firearm. 

"Firearm" means any pistol, revolver, rifle, shotgun, 
short-barreled rifle, short-barreled shotgun, or 
other firearm. 

(4) Minor. 

"Minor" means any person under the age of 1 8. 

(B) Sales, etc., to minors prohibited. 

No PERSON MAY SELL, GIVE, OR OTHERWISE TRANSFER, OR ATTEMPT 
TO SELL, GIVE, OR OTHERWISE TRANSFER ANY AMMUNITION TO A 
MINOR. 

(c) Identification REQUIRED. 

( 1 ) No PERSON MAY SELL, GIVE, OR OTHERWISE TRANSFER OR 
ATTEMPT TO SELL, GIVE, OR OTHERWISE TRANSFER ANY 
AMMUNITION TO ANY INDIVIDUAL WITHOUT RRST VERIFYING, BY 
MEANS OF PHOTOGRAPHIC IDENTIFICATION THAT CONTAINS THE 
INDIVIDUAL'S DATE OF BIRTH, THAT THE INDIVIDUAL IS NOT A 
MINOR. 

(2) The vERincATioN required by this subsection does not 

APPLY TO ANY INDIVIDUAL WHO IS 26 YEARS OLD OR OLDER. 



524 



1 998- 1 999 Session Ord. 99-50 1 

(D) Purchase OR POSSESSION by minors prohibited. 

No MINOR MAY: 

( 1 ) PURCHASE OR ATTEMPT TO PURCHASE ANY 
AMMUNITION; OR 

(2) POSSESS ANY AMMUNITION IN ANY PUBLIC PLACE. 

(E) Notices. 

Any person engaged in the business of selling ammunition 
must post conspicuously in that person's place of business a 
notice of: 

( 1 ) THE PROHIBITION IN SUBSECTION (B) OF THIS SECTIONS 
AGAINST THE TRANSFER OF AMMUNITION TO MINORS; 

AND 

(2) THE REQUIREMENT IN SUBSECTION (C) OF THIS SECTION 
FOR AGE VERinCATION. 

(F) Rules AND REGULATIONS. 

The Police Commissioner may adopt rules and regulations 
to carry out this section, including but not limited to rules 
or regulations governing the wording, size, and placement 
of the notices required by this section. 

(F) Penalties. 

Any person who violates any provision of this section or of 
a rule or regulation adopted under this section is guilty of 
a misdemeanor and, on conviction, is subject to a hne of 
1 ,000 or imprisonment for 1 year or both. 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



525 



Ord. 99-502 1 998- 1 999 Session 



Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-502 
Council Bill 99-998 

An Ordinance Concerning 

Planned Unit Development — Designation — 
Whetstone Point 

For the puqDOse of approving the application of Hull Point, LLC, the 
contract purchas e r and d e v e lop e r owner of certain property properties 
located at 1422 Nicholson Street (previously known as 1000 Haubert 
Street). 1113 Hull Street. 1116 Hull Street, 1 134-1 144 Hull Street, a 
portion of 1450 Beason Street, and 1.852 acres located north of Marriott 
Street and Cuba Street and east of Hull Street. Cooksie Street, and 
Towson Street (Block 2024. Lot 6A) , in Locust Point, to have that 
prop e rty those properties designated an Industrial Planned Unit 
Development; approving the Development Plan submitted by the 
applicant; waiving certain requirements; and providing for a special 
effective date. 

By authority of 

Article 30 - Zoning 

Section(s) 12.0-1 and 12.0-5 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

Hull Point, LLC, is the contract purchas e r owner of prop e rty properties 
located at 1422 Nicholson Street (previously known as 1000 Haubert 
Street). 1 1 13 Hull Street. 1 1 16 Hull Street. 1 134-1 144 Hull Street, a portion 
of 1450 Beason Street, and 1.852 acres located north of Marriott Street and 
Cuba Street and east of Hull Street. Cooksie Street, and Towson Street 
(Block 2024, Lot 6A) , consisting of 15.25 acres, more or less. 

The contract purcha se r owner proposes to develop the prop e rty 
properties primarily as a mixed-use businessx and office , and development 



526 



1 998- 1 999 Session Ord. 99-502 



with accessory commercial development in accordance with the 
Development Plan. 

On March 26, 1999, representatives of Hull Point, LLC, met with the 
Department of Planning for a preliminary conference, to explain the scope 
and nature of existing and proposed development on the property and to 
institute proceedings to have the property designated an Industrial Planned 
Unit Development. 

The representatives of Hull Point, LLC, have applied to the Baltimore 
City Council for designation of the property as an Industrial Planned Unit 
Development, and they have submitted a Development Plan intended to 
satisfy the requirements of Article 30, §§ 12.0-1 and 12.0-5 of the Baltimore 
City Code. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council approves the application of 
Hull Point, LLC, the contract purchaser owner of the property properties 
located at 1422 Nicholson Street (previously known as 1000 Haubert 
Street), 1113 Hull Street, 1116 Hull Street, 1 134-1 144 Hull Street, a portion 
of 1450 Beason Street, and 1.852 acres located north of Marriott Street and 
Cuba Street and east of Hull Street, Cooksie Street, and Towson Street 
(Block 2024, Lot 6A) , consisting of 15.25 acres, more or less, as outlined on 
the accompanying Development Plan entitled "Whetstone Point ", dated 
April 16 , 1999, to designate the prop e rty properties an Industrial Planned 
Development under Article 30, §§ 12.0-1 and 12.0-5 of the Baltimore City 
Code. 

Section 2. And be it further ordained, That the Development 
Plan submitted by Hull Point, LLC, is approved. 

Section 3. And be it further ordained. That in accordance with 
Article 30, § 12.0-5 of the Baltimore City Code, uses in the Whetstone Point 
Planned Unit Development are authorized as follows: 

(a) Uses Authorized for M-1 Districts 

(1) Except as provided by paragraphs (2), (3), an4 (4) , (5), and (6) 
of this subsection, all uses specified in Article 30, §7.1-1 of the 
Baltimore City Code as permitted, accessory, or conditional 
uses in an M-1 Zoning District are specifically authorized as 



527 



Ord. 99-502 1 998- 1 999 Session 



permitted, accessory, and, subject to the requirements of Article 
30, § 11 .0-3c, conditional uses, respectively, in the Planned 
Unit Development. 

(2) The following use specified in § 7.1-1 as a conditional use is 
specifically authorized as a permitted use in the Planned Unit 
Development: offices, business and professional - other than 
accessory. 

(3) The following uses specified in § 7.1-1 as permitted uses in the 
M-1 Zoning District are authorized in the Planned Unit 
Development only if first approved by the Board of Municipal 
and Zoning Appeals in accordance with the requirements and 
provisions of Article 30, § 11 .0-3c for the approval of 
conditional uses: bus and transit tum-arounds and passenger 
shelters: drugs - manufacturing; employment agencies; 
laboratories - research and testing; machine shops; mail order 

distribution centers; and pharmaceuticals - manufacturing. 

(4) The following uses specified in § 7.1-1 as permitted of 
conditional uses in the M-1 District are prohibited in the 
Planned Unit Development: adhesive products - manufacturing; 
athletic fields; atomic reactors; bookbinding; boxes - 
manufacturing; brooms - manufacturing; bus and transit turn 
arounds and passeng e r shelters; carpet and rug cleaning 
establishments; carpets - manufacturing; rugs - manufacturing; 
cereals - manufacturing; coffee roasting; cosmetics - 
manufacturing; cotton - processing; die casting; electroplating; 
extracts, food and flavor - manufacturing; f e rm e nt e d fruits and 
v e g e tabl e products — manufacturing; ic e , natural and dr>^ 
manufacturing; community correction c e nt e rs; drug abus e 
r e habilitation and tr e atm e nt c e nt e rs; extraction of gravel, sand 
or oth e r raw mat e rials; fences - manufacturing; fermented fruits 
and vegetable products - manufacturing; flammable liquids - 
manufacturing and storage flour - manufacturing; galvanizing; 
gases, combustibl e or toxic non-combustible and non-toxic - 
manufacturing and storage; glass products, from previously 
prepared materials; hot e ls and mot e ls; fir e and polic e stations; 
flammabl e liquids — manufacturing and storag e ; ice, natural and 
dry - manufacturing; machinery and machines, household, 
business and office - manufacturing; matches - manufacturing; 
mattresses - manufacturing; metal finishing; metal products and 
machinery - manufacturing; paper products, manufactured from 



528 



1 998- 1 999 Session Ord. 99-502 



previously prepared materials; perfumes - manufacturing; 
photography film - manufacturing and processing; plastic 
products, from previously prepared materials; polish - 
manufacturing; public utility s e rv^ic e cent e rs; bus and transit 
pass e ng e r stations and t e rminals; public transportation uses - 
garages and lots for bus and transit vehicles; railroad rights-of- 
way and passenger stations; rubber products, manufactured or 
processed from previously prepared materials; serums, toxins 
and viruses - manufacturing and processing; ship chandlers; 
shipyards; silverware, plate and sterling - manufacturing; starch 
- manufacturing; tobacco products - manufacturing; toiletries - 
manufacturing; umbrella - manufacturing; undertaking 
establishments and funeral parlors; wire - manufacturing; wax 
and wax products - manufacturing; auditoriums; boat repair 
faciliti e s; boatels; marinas — r e cr e ational; post offices; electric 
distribution c e nt e rs and substations; ant e nna towers and 
microwave relay tow e rs and installations for communications 
transmission or rec e iving; h e listops; electric power g e n e rator 
stations; wat e r filtration plants, reservoirs and pumping stations; 
s e w e rag e pumping stations; rep e ater, transformer, pumping, 
boost e r, switching, conditioning, r e gulating stations and other 
similar installations; radar installations; r e cycling coll e ction 
stations; ov e rh e ad pow e r transmission tower lin e s, no more than 
5 amusement devices when used in combination with a (1) 
tavern; (2) bowling alley; (3) hotel or motel; (4) billiard or pool 
room; (5) skating rink; (6) boat yard/marina; (7) bus, train, boat 
terminal; (8) race track; (9) restaurant; (10) miniature golf; (11) 
swimming pool; (12) social, fraternal, or veteran club; 
(13) indoor tennis or racquet club; no more than 5 amusement 
devices are permitted when used in combination with other 
uses which the Board finds, after a public hearing, to be 
entertainment, leisure, or recreation oriented; amusement 
devices when used in combination with uses which are not 
entertainment, leisure, or recreation oriented, and when limited 
to 1 if the net floor area of the location's interior space devoted 
to the principal use does not exceed 600 square feet or 2. if such 
area exceeds 600 square feet, provided that a coin-operated 
amusement device location permit has been obtained under the 
provisions of the Zoning Article. 

(5) The following uses specified in § 7.1-lc as conditional uses in 
the M-1 District are prohibited in the Planned Unit 
Development: atomic reactors; auditoriums; boat repair 



529 



Ord. 99-502 1 998- 1 999 Session 



facilities; boatels; marinas - recreational; extraction of gravel 
sand, or other raw materials; fire and police stations; hotels and 
motels; post offices; public utility services and transportation 
services - antenna towers and micro-wave relay towers and 
installations for communications transmission or receiving; 
public utility services and transportation services - electric 
distribution centers and substations; public utility services and 
transportation services - electric power generator stations; 
public utility services and transportation services - helistops; 
public utility services and transportation services - overhead 
power transmission tower lines; public utility services and 
transportation services - repeater, transformer, pumping, 
booster, switching, conditioning, regulating stations, and other 
similar installations; public utility services and transportation 
services - sewerage pumping stations; public utility services and 
transportation services - water filtration plants, reservoirs, and 
pumping stations; radar installations; recycling collection 
stations; textile mill products - processing and sorting; and 
union halls. 

(6) The following uses specified in § 7.1 -Ice as conditional uses 
with authorization by ordinance of the Mayor and City Council 
in the M-1 District are prohibited in the Planned Unit 
Development: community correction centers; drug abuse 
rehabilitation and treatment centers. 

(b) Uses Authorized for Business Districts 

(1) The following uses specified in Article 30, Chapter 6 of the 
Baltimore City Code as permitted uses in the Business Zoning 
Districts, together with all accessory uses incidental to them, are 
specifically authorized as permitted uses in the Planned Unit 
Development: 

(i) art and school supply stores; bakeries - including the 
sale of bakery products to restaurants, hotels, clubs, and 
other similar establishments; barber shops; beauty 
shops; book and magazine stores and similar 
establishments (Class A); candy and ice cream stores; 
cat e ring establishm e ntG, food; carry out food shops; 
clothing s tor e s; day nurseries, group day care centers, 
and nursery schools; drug stores and pharmacies; 
dw e lling s ; florist shops; furnitur e stor e s — including 



530 



1 998- 1 999 Session Ord. 99-502 



upholst e ring, wh e n conducted as an acc e ssor>^ us e ; 
gard e n supply, tool and s e ed stor e s; gift and card shops; 
jewelry stores, including watch repair; libraries and art 
galleries; bicycle sales, rental, and repair stores; m e dical 
and d e ntal clinics; optician sales; orthopedic and 
medical appliance stores; photocopying service; 
photographic printing and developing establishments; 
physical culture and health s e rvic e s — gymnasiums, 
r e ducing salons, and public baths; s e cretarial and 
telephone answ e ring servic e s; swimming pools; outdoor 
table service when accessory to a restaurant use; junior 
coll e g e s, colleges, business coll e ges, and univ e rsiti e s; 
picture framing shops - when conducted for retail trade 
on the premisest-restaurants and lunch rooms - but not 
including live entertainment or dancing ; schools, 
commercial; schools, trade other than industrial . 

(ii) catering establishments, food prepared on site, but 
events not held on site; medical and dental clinics; 
phvsical culture and health services - gymnasiums, 
reducing salons, and public baths; secretarial and 
telephone answering services; swimming pools; junior 
colleges, colleges, business colleges, and universities; 
schools, commercial; schools, trade other than 
industrial. 

(2) Except as provided in item items 1 and 3 of this subsection, all 
other uses specified in Article 30, Chapter 6 of the Baltimore 
City Code as permitted or conditional uses in the Business 
Zoning Districts are prohibited in the Planned Unit 
Development. 

(3) The following uses are authorized in the Business Zoning 
District of the Planned Unit Development only if approved by 
ordinance of the Mayor and City Council as a major amendment 
in accordance with the requirements and provisions of Article 
30 § 1 1 .0-6d of the Baltimore City Code: marine terminals - 
passenger, and restaurants and lunch rooms with live 
entertainment. 



531 



t 



Ord. 99-502 1 998- 1 999 Session 



(c) Storage Uses 

All storage uses in the Planned Unit Development must be within 
enclosed structures. 

(d) Water Taxi 

A water taxi stop is a permitted use in the Planned Unit 
Development. 

Section 4. And be it further ordained, That the net leasable area 
in the Whetstone Point Planned Unit Development may not exceed the 
following limitations: 

(a) Limit on Retail Uses 

Except for the following uses specified in Section 3 (b)(l)(ii) , the 
net leasable area in the Planned Unit Development for all retail uses 
authorized under this Ordinance may not exceed 50,000 square 
feetf^ 

physical cultur e and health s e rv^ices — gymnasiums, 
reducing salons and public baths; junior coll e ges, coll e g e s, 
busin e ss colleg e s, and univ e rsities; schools, comm e rcial; 
and schools, trad e , other than industrial. 

(b) Limit on R e sid e ntial Us e s 

The n e t leasabl e area in th e Planned Unit D e v e lopm e nt for all 
r e sid e ntial uses authoriz e d und e r this Ordinanc e may not exc ee d 10 
units and must b e limit e d to 25,000 squar e f e et. 

(€^(b) Aggregate Limit for Entire Development 

Notwithstanding anything to the contrary contained in this 
Ordinance, the aggregate net leasable area for all buildings and all 
uses in the Planned Unit Development may not exceed 450,000 
square feet. 

Section 5, And be it further ordained. That approval of this 
Plann e d Unit D e v e lopm e nt is condition e d on approval of a road to bo built 
b e tw ee n th e e a s t t e rminus of K e y Highway and th e w es t t e rminus ef 
Nicholson Stre e t, a s s hown on th e D e v e lopm e nt Plan. 



532 



1 998- 1 999 Session Ord. 99-503 



Section 4 5. And be it further ordained. That off-street parking 
requirements for the Planned Unit Development are the same as for a B-3-3 
District, as specified in Article 30, Chapter 9 of the Baltimore City Code. 

Section 1- 6. And be it further ordained, That if the Planned Unit 
Development approved by this Ordinance in any way fails to meet the 
statutory requirements for the preparation, adoption, and approval of a 
planned unit development, those requirements are waived and the Planned 
Unit Development approved by this Ordinance is exempted from them. 

Section 8 7. And be it further ordained, That all plans for the 
construction of permanent improvements on the property must be reviewed 
by the Planning Commission to insure that the plans are consistent with the 
Development Plan and this Ordinance. 

Section ^ 8. And be it further ordained. That the Planning 
Department may determine what constitutes minor or major modifications 
to the Plan. Minor modifications require approval by the Planning 
Commission. Major modifications require approval by Ordinance. 

Section iO 9. And be it further ordained. That as evidence of the 
authenticity of the accompanying Development Plan and in order to give 
notice to the agencies that administer the City Zoning Ordinance: (i) when 
the City Council passes this Ordinance, the President of the City Council 
shall sign the Development Plan; (ii) when the Mayor approves this 
Ordinance, the Mayor shall sign the Development Plan; and (iii) the 
Director of Finance then shall transmit a copy of this Ordinance and the 
Development Plan to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 4i 10. And be it further ordained. That this Ordinance 
takes effect on the lat e r of (i) th e day date it is enacted or (ii) the dat e on 
which Hull Point, LLC, acquir e s the property . 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



Cnr of Baltimore 
Ordinance 99-503 
Council Bill 99-1002 



533 



Ord. 99-503 1 998- 1 999 SESSION 



An Ordinance Concerning 

Sale of Property — West Side of South Hanover Street, 
328 Feet Northwest of Cherry Hill Road (Block 7610, Lot 020) 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located along the west side of South Hanover Street, 328 feet northwest 
of Cherry Hill Road, and no longer needed for public use , subject to 
certain conditions ; and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in the property located along 
the west side of South Hanover Street, 328 feet northwest of Cherry Hill 
Road, Baltimore, Maryland, and more particularly described as follows: 

the subject parcel (Block 7610, Lot 020) is located along 
the west side of South Hanover Street, 328 feet northwest 
of Cherry Hill Road. This parcel is somewhat triangular in 
shape and has frontage of 178 feet, more or less, along the 
north side of Waterview Avenue and 66 feet, more or less, 
along the west side of South Hanover Street, 

containing approximately 6,882 square feet, more or less, this property 
being no longer needed for public use. 

Section 2. And be it further ordained. That the sale of this 
property is subject to the following conditions: 

1 . the property shall be consolidated with 2830 South Hanover 
Street; 

2. the property must be developed in accordance with the Plans, 
dated March 25. 1999. attached to this Ordinance; and 



534 



1 998- 1 999 Session Ord. 99-504 



3. any changes to the Plans are subject to approval by the 
Planning Commission. 

Section 2 3. And be it further ordained. That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section i 4. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-504 
Council Bill 99-1006 

An Ordinance Concerning 

Metropolitan District of Baltimore County — 
Extension 136 

For the purpose of consenting to and approving a petition to extend the 
Metropolitan District of Baltimore County to a certain tract of land; and 
providing for a special effective date. 

By authority of 

Chapter 539 

Acts of the General Assembly of 1924 
and 

Chapter 515 

Acts of the General Assembly of 1955 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Mayor and City Council of Baltimore consents to and 
approves the petition to extend the Metropolitan District of Baltimore 
County to a tract of land, consisting of approximately 23.195 acres, located 
in the 4C3 Election District of Baltimore County in the vicinity of the west 
side of Garrison Forest Road between Crondall Lane and Carroll Avenue, as 
more particularly shown on the plat labeled Extension 136 and filed with 
the Department of Public Works of Baltimore County. 



535 



Ord. 99-505 1 998- 1 999 Session 



Section 2. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 






City of Baltimore 
Ordinance 99-505 
Council Bill 99-1008 

An Ordinance Concerning 

City Property — Parcels of Land to be Acquired for 

Off-Street Parking Facility in the Area Bounded 

by Charles Street, Saratoga Street, St. Paul Place, 

and Lexington Street 

For the purpose of authorizing the acquisition by purchase or condemnation 
by the Mayor and City Council of Baltimore of the fee simple interests 
or such other interests as the Director of the Department of Public 
Works may deem necessary or sufficient, in and to certain pieces or 
parcels of land situate in Baltimore City, for a parcel of land needed for 
the construction and operation of a feasible and sufficient off-street 
parking facility for the public storing, parking, and servicing of self- 
propelled vehicles and for pedestrian access , being portions of the 
properties known as Lots 4, 5 and Lot 14/25 of Ward 4, Section 1 , 
Block 608 and Lovegrove Street, 20 feet wide, laid out in the rear of the 
properties known as Nos. 217 and 221/227 N. Charles Street; providing 
that the Planning Commission shall have fmal design approval of the 
garage building; and providing for a special effective date. 

By authority of 

Article I - General Provisions 

Section 4 

Article n - General Powers 

Sections 2 and 20 

Baltimore City Charter (1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire by purchase or condemnation 
for pubHc parking purposes for storing, parking, and servicing self- 
propelled vehicles and for pedestrian access , the fee simple interests or such 



536 



1 998- 1 999 Session Ord. 99-505 



other interests as the Director of the Department of Public Works may deem 
necessary or sufficient in and to all of those pieces or parcels of land, with 
the improvements thereon, situate in Baltimore City and described as 
follows: 

(1) part-take of 217 N. Charles Street (Ward 4, Section 1, Block 
608, Lot 4) , limited to the open-plaza area currently located on 
the northern boundary of the property. 

(2) part-take of 221/227 N. Charles Street (Ward 4, Section 1, 
Block 608, Lot 5) , limited to the open-plaza area currently 
located on the southern boundary of the property. 

(3) 210 St. Paul Place (Ward 4, Section 1, Block 608, Lot 14/25) 

(4) Loyegrove Street, 20 feet wide, extending from a point 1 1 1 feet, 
more or less, south of Saratoga Street, Southerly 151 feet, more 
or less, to the end thereof. 

Together with all right, title, interest, and estate that the owner or 
owners of the property may have in all streets, alleys, ways or lanes, public 
and private, both abutting the whole area described and/or contained within 
the perimeter of the pieces or parcels of land. 

Section 2. And be it further ordained, That the Department of 
Real Estate of Baltimore City, or such other person or agency as the Board 
of Estimates may hereafter from time to time designate, is or are hereby 
authorized to negotiate and acquire on behalf of the Mayor and City Council 
of Baltimore, and for the purposes described in this Ordinance, the fee 
simple interests or such other interests as may be deemed necessary or 
sufficient, in and to those pieces or parcels of land with the improvements 
thereon. If the Department of Real Estate or the person or agency 
otherwise provided for by the Board of Estimates under the authority of 
Section 5(a) Article V of the Baltimore City Charter (1996 Edition, as 
amended) is or are unable to agree with the owner or owners on the 
purchase price of those pieces or parcels of land and the improvements 
thereon, it or they shall forthwith notify the City Solicitor of Baltimore City, 
who shall thereupon institute in the name of the Mayor and City Council of 
Baltimore the necessary legal proceedings to acquire by condemnation the 
fee simple interests or such other interests as may be deemed necessary or 
sufficient in and to said pieces or parcels of land, with the improvements 
thereon for the purposes described in this ordinance. 



537 



Ord. 99-506 1998-1999 Session 



Section 3. And be it further ordained, That the proceedings for 
the acquisition by condemnation of the property and rights herein described 
and all the rights of all parties interested or affected thereby shall be 
regulated by and be in accordance with the provisions of The Real Property 
Article of the Annotated Code of Maryland (1996), Title 12, Section 101 Et. 
Seq. and any all amendments thereto. 

Section 4. And be it further ordained, That the Planning 
Commission shall have final design approval of the garage building. 

Section 5. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-506 
Council Bill 99-1009 

An Ordinance Concerning 



City Property — Parcel of Land to be Acquired for 

Off-Street Parking Facility in the Area Bounded by 

West Street, Patapsco Street, Cross Street, and Marshall Street 

For the purpose of authorizing the acquisition by purchase or condemnation 
by the Mayor and City Council of Baltimore of the fee simple interests 
or such other interests as the Director of the Department of Public 
Works may deem necessary or sufficient, in and to certain pieces or 
parcels of land situate in Baltimore City, for a parcel of land needed for 
the construction and operation of a feasible and sufficient off-street 
parking facility for the public storing, parking, and servicing of self- 
propelled vehicles, being the property known as No. 1 103/1 113 
Patapsco Street (Ward 23, Section 4, Block 950, Lot 90/95); providing 
that the Planning Commission shall have final design approval of the 
garage building; and providing for a special effective date. 

By authority of 

Article I - General Provisions 

Section 4 

Article 11 - General Powers 



538 



1 998- 1 999 Session Ord. 99-506 



Sections 2 and 20 

Baltimore City Charter (1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire by purchase or condemnation 
for public parking purposes for storing, parking, and servicing self- 
propelled vehicles, the fee simple interests or such other interests as the 
Director of the Department of Public Works may deem necessary or 
sufficient in and to all of those pieces or parcels of land, with the 
improvements thereon, situate in Baltimore City and described as follows: 

Beginning for the same at a point on the east side of Patapsco 
Street, 20 feet wide, distant North 02° 44' 05" West 101.12 feet 
measured along the east side of said Patapsco Street from the north 
side of West Street, 50 feet wide, said point also being the point 
formed by the intersection of the east side of said Patapsco Street 
and the north side of a 20 foot alley formerly known as Weber 
Street, laid out 80 feet, more or less, north of said West Street, and 
running thence binding on the east side of said Patapsco Street, 
North 02° 44' 05" West 78.08 feet to intersect the south side of a 3 
foot alley laid out in the rear of the properties known as Nos. 13/15 
through 35/37 E. Cross Street; thence binding on the south side of 
said 3 foot alley. North 81° 38' 35" East 46.66 feet to the east 
outline of the property known as No. 1 103/1 1 1 3 Patapsco Street; 
thence binding on the east outline of said property. South 05° 59' 
10" East 77.77 feet to intersect the north side of said 20 foot alley, 
and thence binding on the north side of said 20 foot alley. South 8 1 o 
38' 35" West 5 1 .09 feet to the place of beginning. 

All courses and distances in the above description are referred to the 
true meridian as adopted by the Baltimore Survey Control System. 

Together with all right, title, interest, and estate that the owner or 
owners of the property may have in all streets, alleys, ways or lanes, public 
and private, both abutting the whole area described and/or contained within 
the perimeter of the pieces or parcels of land. 

Section 2. And be it further ordained, That the Department of 
Real Estate of Baltimore City, or such other person or agency as the Board 
of Estimates may hereafter from time to time designate, is or are hereby 
authorized to negotiate and acquire on behalf of the Mayor and City Council 
of Baltimore, and for the purposes described in this Ordinance, the fee 
simple interests or such other interests as may be deemed necessary or 



539 



Ord. 99-507 1 998- 1 999 Session 



sufficient, in and to those pieces or parcels of land with the improvements 
thereon. If the Department of Real Estate or the person or agency 
otherwise provided for by the Board of Estimates under the authority of 
Section 5(a) Article V of the Baltimore City Charter (1996 Edition, as 
amended) is or are unable to agree with the owner or owners on the 
purchase price of those pieces or parcels of land and the improvements 
thereon, it or they shall forthwith notify the City Solicitor of Baltimore City, 
who shall thereupon institute in the name of the Mayor and City Council of 
Baltimore the necessary legal proceedings to acquire by condemnation the 
fee simple interests or such other interests as may be deemed necessary or 
sufficient in and to those pieces or parcels of land, with the improvements 
thereon for the purposes described in this ordinance. 

Section 3. And be it further ordained, That the proceedings for 
the acquisition by condemnation of the property and rights herein described 
and all the rights of all parties interested or affected thereby shall be 
regulated by and be in accordance with the provisions of The Real Property 
Article of the Annotated Code of Maryland (1996), Title 12, Section 101 Et. 
Seq. and any all amendments thereto. 

Section 4. And be it further ordained, That the Planning 
Commission shall have final design approval of the garage building. 

Section 5. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-507 
Council Bill 99-1015 

An Ordinance Concerning 

Zoning — Conditional Use Convalescent, Nursing, 
and Rest Home — 2802 Pinewood Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home on the property known as 2802 Pinewood Avenue, as 
outlined in red on the accompanying plat. 



540 



1 998- 1 999 Session Ord. 99-507 



By authority of 

Article 30 - Zoning 

Section(s)4.4-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home on the 
property known as 2802 Pinewood Avenue, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.4-ld-l 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

(1) the maximum number of residents shall be 17, including 15 
clients and 2 resident managers; 

(2) residents must be at least 60 years of age; 

(3) there may be no more than 2 persons per sleeping room; and 

(4) the home compli e s must comply with all applicable federal, 
state, and local licensing and certification requirements. 

Section 2. And be it further ordained. That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



541 



Ord. 99-508 1 998- 1 999 Session 



City of Baltimore 
Ordinance 99-508 
Council Bill 99-1019 

An Ordinance Concerning 

Abandoned Property — Condemnation 

For the purpose of authorizing the Department of Housing and Community 
Development to exercise, on behalf of the Mayor and City Council of 
Baltimore, certain condemnation and related authority over certain 
blighting or abandoned property; defining certain terms; clarifying, 
correcting, and conforming certain language; and generally relating to 
the acquisition, development, and disposition of blighting or abandoned 
property. 

By repealing and reordaining, with amendments 

Article 1 3 - Housing and Urban Renewal 

Section(s) 26(h) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By adding 

Articl e 13 — Housing and Urban Ren e wal 

S e ction(G) 26(h) 

Baltimor e City Cod e 

(19 8 3 Replac e m e nt Volum e and Suppl e m e nts) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 13 — Housing and Urban Renewal 

Subtitle — Department of Housing and Community Development 

§ 26. Specific powers. 

Kh) ID Subject to the prior approval of the Board of Estimates, te THE 
Department may acquire, for and on behalf of the Mayor and 
City Council of Baltimore, any single-family or multiple-family 
dwelling unit or other structure within the boundary lines of 



542 



1 998- 1 999 Session Ord. 99-508 



Baltimore City, by purchase, lease, condemnation, gift or other 
legal means, for development and redevelopment, including but 
not limited to the renovation, rehabilitation and disposition 
thereof, when the Commissioner has determined: (i) that such 
dwelling unit or other structure has deteriorated to such extent 
as to constitute a serious and growing menace to the public 
health, safety and welfare; (ii) that such dwelling unit or other 
structure is likely to continue to deteriorate unless corrected; 
(iii) that the continued deterioration of such dwelling unit or 
other structure may contribute to the blighting or deterioration 
of the area immediately surrounding the said dwelling unit or 
other structure; and (iv) that the owTier of such dwelling unit or 
other structure has failed to correct the deterioration thereof.} 

(H) (1)(I) I>; THIS SUBSECTION, THE FOLLOWING TERMS HAVE THE 
MEANINGS INDICATED. 

(II) "i^BANDO^JED PROPERTY" HAS THE MEAMNG GIVEN IN 

§ 27 1 7 OF THE Public Local Laws of B.\ltimore 

(III) "Blighting property" means a structure with 

RESPECT TO WHICH THE COMMISSIONER DETERMINES 
THAT: 

A. THE STRUCTURE HAS DETERIORi\TED TO SUCH AN 
EXTENT AS TO CONSTITUTE A SERIOUS AND 
GROWING MENACE TO THE PUBLIC HEi\LTH, 
SAFETY, AND WELFARE; 

B. THE STRUCTURE IS LIKELY TO CONTINUE TO 
DETERIORj\TE UNLESS CORRECTED; 

C. THE STRUCTURE MAY, IF THE DETERIOR.\TION 
CONTINUES, CONTRIBUTE TO THE BLIGHTING OR 
DETERIOP^\TIQN OF THE AREA IMMEDIATELY 
SURROUNDING IT; AND 

D. THE OWNER OF THE STRUCTURE HAS FAILED TO 
CORRECT THE DETERIORATION. 



543 



Ord. 99-508 1 998- 1 999 Session 



(2) ^FtfE (I) In this paragraph, "abandoned property'' has the 

MEANING GIVEN IN § 2 1 - 1 7 OF THE PUBLIC LOCAL LAWS 

OF Baltimore City. 

(II) Subject to the approval of the Board of 

Estimates, the Department, acting on behalf of 
THE Mayor and City Council of Baltimore, may: 

(0 L NEGOTIATE FOR AND ACQUIRE, BY PURCHASE, 
LEASE, GIFT, CONDEMNATION, OR ANY OTHER 
LEGAL MEANS, ANY BLIGHTING OR ABANDONED 
PROPERTY IN THE CiTY FOR DEVELOPMENT OR 
REDEVELOPMENT; 

(H) 2^ DEVELOP OR REDEVELOP ANY BLIGHTING OR 
ABANDONED PROPERTY ACQUIRED, INCLUDING 
BUT NOT LIMITED TO THE DEMOLITION OR 
REHABILITATION OF THE PROPERTY OR 
OTHERWISE ELIMINATING BLIGHTING AND 
UNSAFE CONDITIONS; 

(HI) 3^ SELL, TRANSFER, OR OTHERWISE DISPOSE OF 
ANY BLIGHTING OR ABANDONED PROPERTY 
ACQUIRED, REGARDLESS OF WHETHER THE 
PROPERTY HAS BEEN ALTERED OR IMPROVED; 
AND 

(fV) 4^ USE, OPERATE, MANAGE, OR MAINTAIN ANY 
BLIGHTING OR ABANDONED PROPERTY 
ACQUIRED PENDING DEVELOPMENT, 
REDEVELOPMENT, OR OTHER DISPOSITION. 

(3) No EXPENDITURE FOR THE ACQUISITION OF A BLIGHTING OR 
ABANDONED PROPERTY MAY BE MADE FROM ANY 
APPROPRIATION OF THE CiTY'S GENERi\L FUND UNLESS THE 
EXPENDITURE: 

(I) IS APPROVED BY THE BOARD OF ESTIMATES FOR THAT 
PARTICULAR ACQUISITION; OR 

(II) COMPLIES WITH PROCEDURES AND CRITERIA ADOPTED BY 
THE BOARD OF ESTIMATES THAT PROVIDE THE 
NECESSARY APPROVAL, OTHER THAN ON A CASE BY - 



544 



1 998- 1 999 Session Ord. 99-509 



CASE BASIS, FOR THE ACQUISITION OF BLIGHTING OR 
ABANDONED PROPERTY OR A SUBCLASS OF BLIGHTING 
OR ABANDONED PROPERTY. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be ft further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-509 
Council Bill 99-1020 

An Ordinance Concerning 

Urban Renewal — Oldtown — 
Amendment 8 

For the purpose of amending the Urban Renewal Plan for Oldtown to 

authorize the acquisition of certain properties, create certain disposition 
lots, and amend certain exhibits to reflect changes in the plan; waiving 
certain content and procedural requirements; making the provisions of 
this Ordinance severable; providing for the application of this 
Ordinance in conjunction with certain other ordinances; and providing 
for a special effective date. 

By authority of 

Article 1 3 - Housing and Urban Renewal 

Section 25 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Recitals 

The Urban Renewal Plan for Oldtown was originally approved by the 
Mayor and City Council of Baltimore by Ordinance 70-760 and last 
amended by Ordinance 95-658. 

545 



Ord. 99-509 1 998- 1 999 Session 



An amendment to the Urban Renewal Plan for Oldtown is necessary to 
authorize the acquisition of certain properties, create certain disposition 
lots, and amend certain exhibits to reflect changes in the plan. 

Under Article 13, § 25 of the Baltimore City Code, no substantial 
change may be made in any approved renewal plan unless the change is 
approved in the same manner as that required for the approval of a renewal 
plan. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire, by purchase or by 
condemnation, for urban renewal purposes, the fee simple interest or any 
lesser interest in and to the following properties or portions thereof, together 
with all right, title, interest and estate that the owner or owners of said 
property interests may have in all streets, alleys, ways or lanes, public or 
private, both abutting the whole area described and/or contained within the 
perimeter of said area, situate in Baltimore City, Maryland, and described as 
follows: 

449-57, 459, 461, 463, 465, 467, and 469 Oldtown Mall 

Section 2. And be it further ordained, That the following 
changes in the Urban Renewal Plan for Oldtown are approved: 

(1) Create Disposition Lot #52 (Descriptive property — Block 1273, 
lot 4/5, also known as the south shed of Belair Market). 

(2) Combine 449-57, 459, 461, 463, 465, 467, and 469 Oldtown Mall 
to create Disposition Lot #53. 

Section 3. And be it further ordained. That the revisions shown 

in the amended Urban Renewal Plan on Exhibit 3, Property Acquisition, 
dated April 29, 1999, are approved. 

Section 4. And be it further ordained. That the revisions shown 
in the amended Urban Renewal Plan on Exhibit 4, Property Disposition, 
dated April 29, 1999, are approved. 

Section 5. And be it further ordained. That the Urban Renewal 
Plan for Oldtown, as amended by this Ordinance and identified as "Urban 
Renewal Plan, Oldtown, revised to include Amendment 8, dated May 3, 
1 999", is approved. The Clerk of the City Council shall file a copy of the 
amended Urban Renewal Plan with the Department of Legislative 



546 



1 998- 1 999 Session Ord. 99-5 1 



Reference as a permanent public record, available for public inspection and 
information. 

Section 6. And be it further ordained. That if the amended 
Urban Renewal Plan approved by this Ordinance in any way fails to meet 
the statutory requirements for the content of a renewal plan or for the 
procedures for the preparation, adoption, and approval of a renewal plan, 
those requirements are waived and the amended Urban Renewal Plan 
approved by this Ordinance is exempted from them. 

Section 7. And be ft further ordained, That if any provision of 
this Ordinance or the application of this Ordinance to any person or 
circumstance is held invalid for any reason, the invalidity does not affect 
any other provision or any other application of this Ordinance, and for this 
purpose the provisions of this Ordinance are declared severable. 

Section 8. And be ft further ordained, That if a provision of this 
Ordinance concerns the same subject as a provision of any zoning, building, 
electrical, plumbing, health, fire, or safety law or regulation, the applicable 
provisions shall be construed to give effect to each. However, if the 
provisions are found to be in irreconcilable conflict, the one that establishes 
the higher standard for the protection of the public health and safety 
prevails. If a provision of this Ordinance is found to be in conflict with an 
existing provision of any other law or regulation that establishes a lower 
standard for the protection of the public health and safety, the provision of 
this Ordinance prevails and the other conflicting provision is repealed to the 
extent of the conflict. 

Section 9. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-510 
Council Bill 99-1028 

An Ordinance Concerning 

Sale of Property — 700 West Lombard Street 



547 



Ord. 99-5 1 1 1 998- 1 999 Session 



For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, at either public or private sale, all its interest in certain property 
located at 700 West Lombard Street and no longer needed for public 
use; and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in the property located at 700 
West Lombard Street, and more particularly described as follows: 

the subject parcel (Block 651, Lot 001) is rectangular in 
shape; the site fronts 100 feet along West Lombard Street 
and has a depth of 1 54 feet, 

containing 15,000 square feet, more or less, this property being no longer 
needed for public use. 

Section 2. And be it further ordained. That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-511 
Council Bill 99-1036 



An Ordinance Concerning 
Baltimore City Landmark List — Congress Hotel (Hotel Kernan) 



548 



1 998- 1 999 Session Ord. 99-5 1 2 



For the purpose of designating the Congress Hotel (Hotel Keman), 306-312 
West Franklin Street, as a historical landmark. 

By adding 

Article 1 - Mayor, City Council, and Municipal Agencies 

Section(s)40(ff)(104) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Commission for Historical and Architectural Preservation 

§ 40. Created; powers; duties. 

(ff) Landmark list. 

The following structures, having been approved by the Planning 
Commission, are hereby declared to be historical or architectural 
landmarks: 

(104) The Congress Hotel (Hotel Kernan), 306-312 West 
Franklin Street. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-512 
Council Bill 99-1047 



549 



Ord. 99-5 1 2 1 998- 1 999 SESSION 



An Ordinance Concerning 

City Streets — Opening — a 10 foot alley and^ a 9 foot alley 
, and a 3 foot alley 

For the purpose of condemning and opening (1) a 10 foot alley laid out in 
the rear of the properties known as Nos. 2434 through 2440 North 
Howard Street and extending from Ware Street northerly, to the end 
thereof, dft4 (2) a 9 foot alley laid out in the rear of the properties 
known as Nos. 201 through 211 West 25th Street and extending from 
Howard Street westerly, to the end thereof, and (3) a 3 foot alley laid 
out in the rear of the properties known as Nos. 204 and 206 West Ware 
Street and extending from the west side of a 10 foot alley westerly, to 
the end thereof, as shown on Plat 294-A-26D in the Office of the 
Department of Public Works; and proyiding for a special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article n - General Powers 
Section 2, 34, and 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and open (1 ) a 10 foot alley laid out in the rear of the properties 
known as Nos. 2434 through 2440 North Howard Street and extending 
from Ware Street northerly, to the end thereof, aft4 (2) a 9 foot alley laid out 
in the rear of the properties known as Nos. 201 through 21 1 West 25th 
Street and extending from Howard Street westerly, to the end thereof, and 
(3) a 3 foot alley laid out in the rear of the properties known as Nos. 204 and 
206 West Ware Street and extending from the west side of a 10 foot alley 
westerly, to the end thereof, and more particularly described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the north side of Ware Street, 20 feet wide, and the 



550 



1 998- 1 999 Session Ord. 99-5 1 2 



east side of a 10 foot alley laid out in the rear of the properties 
known as Nos. 2434 through 2440 North Howard Street, said point 
of beginning being distant westerly 65 feet, measured along the 
north side of said Ware Street from the west side of Howard Street, 
66 feet wide, and running thence binding on the north side of said 
Ware Street, westerly 10.0 feet to the west side of said 10 foot 
alley; thence binding on the west side of said 10 foot alley, 
northerly 81 .0 feet, more or less, to intersect the south side of a 9 
foot alley laid out in the rear of the properties known as Nos. 201 
through 21 1 West 25th Street; thence binding on the south side of 
said 9 foot alley, easterly 10.0 feet to the east side of said 10 foot 
alley, and thence binding on the east side of said 1 foot alley, 
southerly 81.0 feet, more or less, to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the north side of a 9 foot alley laid out in the rear of 
the properties known as Nos. 201 through 21 1 West 25th Street 
and the west side of Howard Street, 66 feet wide, said point of 
beginning being distant southerly 60 feet, measured along the west 
side of said Howard Street, from the south side of 25th Street, 100 
feet wide, and running thence binding on the west side of said 
Howard Street, southerly 9.0 feet to the south side of said 9 foot 
alley; thence binding on the south side of said 9 foot alley, westerly 
86.0 feet, more or less, to the westernmost extremity thereof; thence 
binding on the westernmost extremity of said 9 foot alley, northerly 
9.0 feet to the north side thereof, and thence binding on the north 
side of said 9 foot alley, easterly 86.0 feet, more or less, to the place 
of beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the south side of a 3 foot alley laid out in the rear of 
the properties known as Nos. 204 and 206 West Ware Street and 
the west side of a 10 foot alley laid out in the rear of the properties 
known as Nos. 2434 through 2440 North Howard Street, said point 
of beginning being distant northerly 58 feet, more or less, measured 
along the west side of said 10 foot alley, from Ware Street. 20 feet 
wide, and running thence binding on the south side of said 3 foot 
alley, westerly 25.0 feet, more or less, to the western extremity of 
said 3 foot alley; thence binding on the western extremity of said 3 



551 



Ord. 99-5 1 3 1 998- 1 999 SESSION 



foot alley, northerly 3.0 feet to intersect the north side of said 3 foot 
alley; thence binding on the north side of said 3 foot alley, easterly 
25.0 feet, more or less, to intersect the west side of said 10 foot 
alley, and thence binding on the west side of said 10 foot alley, 
southerly 3.0 feet to the place of beginning. 

As delineated on Plat 294-A-26D, prepared by the Survey Control Section 
and filed on December 4, 1998, in the Office of the Department of Public 
Works. 

Section 2. And be it further ordained, That the proceedings for 
the condemnation and opening of a 10 foot alley and a 9 foot all e y said 
alleys and the rights of all interested parties shall be regulated by and in 
accordance with all applicable provisions of state and local law and with all 
applicable rules and regulations adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-513 
Council Bill 99-1048 

An Ordinance Concerning 



City Streets — Closing — a 10 foot alley and^ a 9 foot alley 
, and a 3 foot alley 

For the purpose of condemning and closing (1) a 10 foot alley laid out in 
the rear of the properties known as Nos. 2434 through 2440 North 
Howard Street and extending from Ware Street northerly to the end 
thereof, aftd (2) a 9 foot alley laid out in the rear of the properties 
known as Nos. 201 through 21 1 West 25th Street and extending from 
Howard Street westerly to the end thereof, and (3) a 3 foot alley laid out 



552 



1998-1999 Session Ord. 99-513 



in the rear of the properties known as Nos. 204 and 206 West Ware 
Street and extending from the west side of a 10 foot alley westerly, to 
the end thereof, as shown on Plat 294-A-26E in the Office of the 
Department of Public Works; and providing for a special effective date. 

By authority of 

Article I - General Provisions 
Section 4 

and 
Article 11 - General Powers 
Sections 2, 34, 35 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Department of Public Works shall proceed to 
condemn and close (1) a 10 foot alley laid out in the rear of the properties 
known as Nos. 2434 through 2440 North Howard Street and extending 
from Ware Street northerly to the end thereof, afi4 (2) a 9 foot alley laid out 
in the rear of the properties known as Nos. 201 through 211 West 25th 
Street and extending from Howard Street westerly to the end thereof, and 
(3) a 3 foot alley laid out in the rear of the properties known as Nos. 204 and 
206 West Ware Street and extending from the west side of a 10 foot alley 
westerly, to the end thereof, and more particularly described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the north side of Ware Street, 20 feet wide, and the 
east side of a 1 foot alley laid out in the rear of the properties 
known as Nos. 2434 through 2440 North Howard Street, said point 
of beginning being distant westerly 65 feet, measured along the 
north side of said Ware Street from the west side of Howard Street, 
66 feet wide, and running thence binding on the north side of said 
Ware Street, westerly 10.0 feet to the west side of said 10 foot 
alley; thence binding on the west side of said 10 foot alley, 
northerly 81 .0 feet, more or less, to intersect the south side of a 9 
foot alley laid out in the rear of the properties known as Nos. 201 
through 21 1 West 25th Street; thence binding on the south side of 



553 



Ord. 99-5 1 3 1 998- 1 999 SESSION 



said 9 foot alley, easterly 10.0 feet to the east side of said 10 foot 
alley, and thence binding on the east side of said 10 foot alley, 
southerly 81 .0 feet, more or less, to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the north side of a 9 foot alley laid out in the rear of 
the properties known as Nos. 201 through 211 West 25th Street 
and the west side of Howard Street, 66 feet wide, said point of 
beginning being distant southerly 60 feet, measured along the west 
side of said Howard Street, from the south side of 25th Street, 100 
feet wide, and running thence binding on the west side of said 
Howard Street, southerly 9.0 feet to the south side of said 9 foot 
alley; thence binding on the south side of said 9 foot alley, westerly 
86.0 feet, more or less, to the westernmost extremity thereof; thence 
binding on the westernmost extremity of said 9 foot alley, northerly 
9.0 feet to the north side thereof, and thence binding on the north 
side of said 9 foot alley, easterly 86.0 feet, more or less, to the place 
of beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the south side of a 3 foot alley laid out in the rear of 
the properties known as Nos. 204 and 206 West Ware Street and 
the west side of a 1 foot alley laid out in the rear of the properties 
known as Nos. 2434 through 2440 North Howard Street, said point 
of beginning being distant northerly 58 feet, more or less, measured 
along the west side of said 10 foot alley, from Ware Street. 20 feet 
wide, and running thence binding on the south side of said 3 foot 
alley, westerly 25.0 feet, more or less, to the western extremity of 
said 3 foot alley; thence binding on the western extremity of said 3 
foot alley, northerly 3.0 feet to intersect the north side of said 3 foot 
alley; thence binding on the north side of said 3 foot alley, easterly 
25.0 feet, more or less, to intersect the west side of said 10 foot 
alley, and thence binding on the west side of said 10 foot alley, 
southerly 3.0 feet to the place of beginning. 

As delineated on Plat 294-A-26E, prepared by the Survey Control Section 
and filed on December 4, 1998, in the Office of the Department of Public 
Works. 



554 



1998-1999 Session Ord. 99-513 



Section 2. And be it further ordained. That the proceedings for 
the condemnation and closing of a 10 foot all e y and a 9 foot alloy said alleys 
and the rights of all interested parties shall be regulated by and in 
accordance with all applicable provisions of state and local law and with all 
applicable rules and regulations adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Section 3. And be it further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore continue to be the 
property of the Mayor and City Council, in fee simple, until their use has 
been abandoned by the Mayor and City Council. If any person wants to 
remove, alter, or interfere with them, that person must first obtain 
permission from the Mayor and City Council and, m the application for this 
permission, must agree to pay all costs and expenses, of every kind, arising 
out of the removal, alteration, or interference. 

Section 4. And be ft further ordained. That no building or 
structure of any kind (including but not limited to railroad tracks) may be 
constructed or erected in or on any part of the street closed under this 
Ordinance until all subsurface structures and appurtenances owned by the 
Mayor and City Council of Baltimore have been abandoned by the Mayor 
and City Council or, have been removed and relaid in accordance with the 
specifications and under the direction of the Director of Public Works of 
Baltimore City and at the expense of the person seeking to erect the building 
or structure. 

Section 5. Ant) be ft further ordained, That after the closing 
under this Ordinance, all subsurface structures and appurtenances owned by 
any person other than the Mayor and City Council of Baltimore shall be 
removed by and at the expense of their owners, promptly upon notice to do 
so from the Director of Public Works. 

Section 6. And be ft further ordained. That at all times after the 
closing under this Ordinance, the Mayor and City Council of Baltimore, 
acting by or through its authorized representatives, shall have access to the 
subject property and to all subsurface structures and appurtenances used by 



555 



Ord. 99-5 1 4 1 998- 1 999 Session 



the Mayor and City Council, for the purpose of inspecting, maintaining, 
repairing, altering, relocating, or replacing any of them, without need to 
obtain permission from or pay compensation to the owner of the property. 

Section 7. And be it further ordained, That this Ordinance 
takes effect on the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-514 
Council Bill 99-1052 

An Ordinance Concerning 



City Property — 10 Foot Alley Needed for the Anderson Olds 
Project Located at Howard Street and 25th Street 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
acquire, by purchase or condemnation, the fee simple or other interests 
in the 10 Foot Alley, laid out in the rear of the properties known as Nos. 
2434 through 2440 North Howard Street, needed for the Anderson Olds 
Project located at Howard Street and 25th Street; and providing for a 
special effective date. 

By authority of 

Article I - General Provisions 

Section 4 

Article n - General Powers 

Sections 2 

Baltimore City Charter 

(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire for the Anderson Olds Project, 
the fee simple or other interests that the Director of Public Works considers 
needed or sufficient in the 10 foot alley laid out in the rear of the properties 



556 



1 998- 1 999 Session Ord. 99-5 1 4 



known as Nos. 2434 through 2440 North Howard Street, and more 
particularly described as follows: 

Beginning for the 10 Foot Alley at the point formed by the 
intersection of the north side of Ware Street, 20 feet wide, and the 
east side of a 10 foot alley laid out in the rear of the properties 
known as Nos. 2434 through 2440 North Howard Street, said point 
of beginning being distant 65 feet westerly, measured along the 
north side of said Ware Street from the west side of Howard Street, 
66 feet wide, and running thence binding on the north side of said 
Ware Street, westerly 10.0 feet to the west side of said 10 foot 
alley; thence binding on the west side of said 10 foot alley, 
northerly 8 1 .0 feet, more or less, to intersect the south side of a 9 
foot alley laid out in the rear of the properties known as Nos. 201 
through 211 West 25th Street; thence binding on the south side of 
said 9 foot alley, easterly 10.0 feet to the east side of said 10 foot 
alley, and thence binding on the east side of said 10 foot alley, 
southerly 81.0 feet, more or less, to the place of beginning. 

Section 2. And be it further ordained, That the Department of 
Real Estate, or any other person or agency that the Board of Estimates 
designates, may negotiate and acquire on behalf of the Mayor and City 
Council of Baltimore the fee simple or other interests in the land and 
improvements described in this Ordinance as needed or sufficient for the 
purposes described in this Ordinance. If the Department of Real Estate, or 
the person or agency otherwise designated by the Board of Estimates, is 
unable to agree with the owner on the purchase price for the property, it 
shall promptly notify the City Solicitor, who shall institute the necessary 
legal proceedings to acquire by condemnation the fee simple or other 
interests needed or sufficient for the purposes described in this Ordinance. 

Section 3. And be it further ordained, That proceedings for the 
acquisition by condemnation of the property described in this Ordinance 
and all rights of all parties interested or affected shall be in accordance with 
Title 1 2 of the Real Property Article of the Maryland Code. 

Section 4. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 



557 



Ord. 99-5 1 5 1 998- 1 999 Session 



Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-515 
Council Bill 99-1053 

An Ordinance Concerning 



Sale of City Property — a 10 Foot Alley and^ a 9 Foot Alley 
, and a 3 foot Alley 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sell, subject to certain conditions, at either public or private sale, all its 
interest in certain parcels of land known as the former bed of (1) a 10 
foot alley laid out in the rear of the properties known as Nos. 2434 
through 2440 North Howard Street and extending from Ware Street 
northerly to the end thereof, and (2) a 9 foot alley laid out in the rear of 
the properties known as Nos. 201 through 211 West 25th Street and 
extending from Howard Street westerly to the end thereof, and (3) a 3 
foot allev laid out in the rear of the properties known as Nos. 204 and 
206 West Ware Street and extending from the west side of a 10 foot 
allev westerlv, to the end thereof, no longer needed for highway or other 
public use; and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That in accordance with Article V, Section 5 (b) of the City 
Charter, the Comptroller of Baltimore City may sell, at either public or 
private sale, all of the interest of the Mayor and City Council of Baltimore 
in certain parcels of land known as the former bed of (1) a 10 foot alley laid 
out in the rear of the properties known as Nos. 2434 through 2440 North 
Howard Street and extending from Ware Street northerly to the end thereof, 



558 



1 998- 1 999 Session Ord. 99-5 1 5 



and (2) a 9 foot alley laid out in the rear of the properties known as Nos. 201 
through 21 1 West 25th Street and extending from Howard Street westerly to 
the end thereof, and (3) a 3 foot alley laid out in the rear of the properties 
known as Nos. 204 and 206 West Ware Street and extending from the west 
side of a 10 foot alley westerly, to the end thereof, and more particularly 
described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the north side of Ware Street, 20 feet wide, and the 
east side of a 10 foot alley laid out in the rear of the properties 
known as Nos. 2434 through 2440 North Howard Street, said point 
of beginning being distant westerly 65 feet, measured along the 
north side of said Ware Street from the west side of Howard Street, 
66 feet wide, and running thence binding on the north side of said 
Ware Street, westerly 10.0 feet to the west side of said 10 foot 
alley; thence binding on the west side of said 10 foot alley, 
northerly 81.0 feet, more or less, to intersect the south side of a 9 
foot alley laid out in the rear of the properties known as Nos. 201 
through 211 West 25th Street; thence binding on the south side of 
said 9 foot alley, easterly 10.0 feet to the east side of said 10 foot 
alley, and thence binding on the east side of said 10 foot alley, 
southerly 81.0 feet, more or less, to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the north side of a 9 foot alley laid out in the rear of 
the properties known as Nos. 201 through 211 West 25th Street 
and the west side of Howard Street, 66 feet wide, said point of 
beginning being distant southerly 60 feet, measured along the west 
side of said Howard Street, from the south side of 25th Street, 100 
feet wide, and running thence binding on the west side of said 
Howard Street, southerly 9.0 feet to the south side of said 9 foot 
alley; thence binding on the south side of said 9 foot alley, westerly 
86.0 feet, more or less, to the westernmost extremity thereof; thence 
binding on the westernmost extremity of said 9 foot alley, northerly 
9.0 feet to the north side thereof, and thence binding on the north 
side of said 9 foot alley, easterly 86.0 feet, more or less, to the place 
of beginningT^ 



559 



Ord. 99-5 1 5 1 998- 1 999 Session 



Beginning for Parcel No. 3 at the point formed by the 
intersection of the south side of a 3 foot alley laid out in the rear of 
the properties known as Nos. 204 and 206 West Ware Street and 
the west side of a 10 foot alley laid out in the rear of the properties 
known as Nos. 2434 through 2440 North Howard Street, said point 
of beginning being distant northerly 58 feet, more or less, measured 
along the west side of said 10 foot alley, from Ware Street, 20 feet 
wide, and running thence binding on the south side of said 3 foot 
alley, westerly 25.0 feet, more or less, to the western extremity of 
said 3 foot alley; thence binding on the western extremity of said 3 
foot alley, northerly 3.0 feet to intersect the north side of said 3 foot 
alley: thence binding on the north side of said 3 foot alley, easterly 
25.0 feet, more or less, to intersect the west side of said 10 foot 
alley, and thence binding on the west side of said 10 foot alley, 
southerly 3.0 feet to the place of beginning, 

subject to a full width Perpetual Easement for all municipal utilities and 
services, not to be abandoned, over the entire hereinabove described parcel 
of land, this property being no longer needed for public use. 

Section. 2. And be it further ordained, That no deed may pass 
under this ordinance unless the deed has been approved by the City 
Solicitor , subject to the following conditions: 

(1) the proposed structure and site plan is subject to Planning 
Commission approval after review by the South Charles 
Village Community Association, the South Charles 
Village Partnership, and the Charles Village Benefits District; 
and 

(2) the A.D. Anderson Group must consolidate the alley beds with 

the existing development site . 

Section. 3. And be it further ordained. That this ordinance takes 
effect on the date it is enacted. 

Approved June 30, 1999 

Kurt L. Schmoke, Mayor 



560 



1 998- 1 999 Session Ord. 99-5 1 6 



City of Baltimore 
Ordinance 99-516 
Council Bill 99-1061 

An Ordinance Concerning 

Tax Sales — Redemption Rate 

For the purpose of reducing the interest rate applicable to redemptions of 
property from tax sales; and correcting and clarifying certain language. 

By repealing and reordaining, with amendments 

Article 28 - Taxes 

Section(s) 16 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 28 — Taxes 

Subtitle — Director of Finance 

§ 16. Interest rate on redemptions from tax sales. 

Pursuant to the authorization contained in [Section 83 of Article 81 of 
the Maryland Code] State Tax-Property Article § 14-820(B)(3), the 
interest rate applicable to redemptions of property from tax sales in 
Baltimore City [shall be 24% per annum] IS 45^ 18% a year. 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 



561 



Ord. 99-5 1 7 1 998- 1 999 Session 



Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



Approved June 30, 1 999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-517 
Council Bill 99-1078 

An Ordinance Concerning 

Sale of Property — Surrender, Release, and Relocation of 
a 16-Foot Right-of-Way 

For the purpose of authorizing and directing the relocation of portions of a 
16-foot right-of-way extending northeriy and westeriy from Gores Mill 
Road located in the Fourth Election District of Baltimore County, the 
portions of the right-of-way being surrendered and released by the 
Mayor and City Council of Baltimore being no longer needed for public 
use; and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Recitals 

Pursuant to Ordinance 1947-6 approved by the Mayor and City Council 
of Baltimore on July 7, 1947, and by a Deed dated August 1 1, 1947, and 
recorded among the Land Records of Baltimore County, at Liber No. 1596, 
Folio 424, Charles F. Mitten and Thelma E Mitten, the wife, granted the 
Mayor and City Council of Baltimore a 16-foot right-of-way, as more 
particularly shown on a plat dated March 7, 1947, and numbered R.W. 20- 
33581 and filed in the office of the Right-of-Way Section of the Department 
of Public Works. 

The current owner of the burdened property has requested that portions 
of the right-of-way be surrendered, released, and relocated to other areas 
within the curtent owner's property. 



562 



1 998- 1 999 Session Ord. 99-5 1 8 



The Department of Public Works has determined that this relocation 
will not adversely affect the ability to use the right-of-way. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the Comptroller of Baltimore City is authorized to execute on behalf of the 
Mayor and City Council of Baltimore the documentation necessary to 
relocate portions of the 16-foot right-of-way, as more particularly shown on 
Department of Public Works Plat R.W. 20-35939. The relocated right-of- 
way being described as follows: 

Being a 1 6-foot right-of-way extending from Gores 
Mill Road and running in a northwesterly and westerly 
direction through the property of Elliot W. Hudgins, EI, 
and Nancy Reed Hudgins to property owned by the Mayor 
and City Council of Baltimore, which right-of-way is 
shown on a plat numbered R. W. 20-35939, filed in the 
office of the Right-of-Way Section of the Department of 
Public Works of Baltimore City. 

Section 2. And be it further ordained, That no deed may pass 
under this Ordinance unless the deed and title to the relocated right-of-way 
has been approved by the City Solicitor. 

Section. 3. And be it further ordained, That this ordinance takes 
effect on the date it is enacted. 



Approved June 30, 1999 



Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-518 
Council Bill 98-892 

An Ordinance Concerning 

Sale of Property — East Side of Ludlow Street, 
West Side of Key Highway 

For the purpose of authorizing the Mayor and City Council of Baltimore to 
sel l subject to certain conditions , at either public or private sale, all its 
interest in certain property located along the east side of Ludlow Street 



563 



Ord. 99-5 1 8 1 998- 1 999 Session 



and the west side of Key Highway and no longer needed for public use; 
and providing for a special effective date. 

By authority of 

Article V - Comptroller 
Section 5(b) 
Baltimore City Charter 
(1996 Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in accordance with Article V, § 5(b) of the City Charter, 
the City Comptroller may sell, at either public or private sale, all the interest 
of the Mayor and City Council of Baltimore in the property located along 
the east side of Ludlow Street and the west side of Key Highway and more 
particularly described as follows: 

The parcel of land, approximately 1 .602 acres, lying 
generally south of East Fort Avenue, east of Ludlow Street, 
west of Key Highway, and north of the Baltimore and Ohio 
Railroad Right of Way. The parcel also being known as 
Lot 1, Block 2034, Section 10, Ward 24, 

this property being no longer needed for public use. 

Section 2. And be it further ordained. That no deed may pass 
under this Ordinance unless the deed has been approved by the City 
Solicitor , subject to the following conditions: 

(1) all billboards (general advertising signs) on the site must be 
removed before the property is conveyed; 

(2) automobile and truck repair, outdoor storage, and general 
advertising signs are prohibited uses; and 

(3) Planning Commission final design approval is required before a 
building permit may be obtained . 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved July 2, 1999 

Kurt L. Schmoke, Mayor 



564 



1 998- 1 999 Session Ord. 99-5 1 9 



City of Baltimore 
Ordinance 99-519 
Council Bill 99-967 

An Ordinance Concerning 

Residential Permit Parking — Scope 

For the purpose of authorizing block faces that adjoin certain areas to be 
included within the residential permit parking programs for those areas; 
clarifying, correcting, and conforming certain language; and providing 
for a special effective date. 

By repealing and reordaining, with amendments 
Article 3 1 - Transit and Traffic 
Section(s) 156(a), (b)(1), (c) (introductory paragraph) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 31 — Transit and Traffic 

Subtitle — Residential Permit Parking Program 

§ 156. Residential Permit Parking Program. 

(a) Preamble. 

(1) The Mayor and City Council finds and declares that serious 
adverse conditions in certain areas and neighborhoods of the 
City of Baltimore result from motor vehicle congestion, 
particularly long-term parking of motor vehicles on the streets 
of [such] THOSE areas and neighborhoods by [non-residents 
thereof] nonresidents. 

(2) The permit parking program [herein] established BY THIS 
SUBTITLE is intended: 



565 



Ord. 99-5 1 9 1 998- 1 999 SESSION 



(I) to reduce hazardous traffic conditions resulting from 
the use of streets within these areas or neighborhoods 
by [non-residents] NONRESIDENTS; 

(II) to protect these areas and neighborhoods from polluted 
air and [also] thereby assist in [the attainment of] 
ATTAINING national ambient air quality standards, as 
required by the 1977 Amendments to the Clean Air 
Act of 1970; 

(III) to protect these areas AND NEIGHBORHOODS from 
excessive noise, trash, and refuse caused by the entry 
of [such] NONRESIDENT vehicles; 

(IV) to protect the residents of these areas AND 
NEIGHBORHOODS from unreasonable burdens in 
gaining access to their residences; 

(V) to preserve the character of those areas as residential 

[districts] AREAS AND NEIGHBORHOODS; 

(VI) to preserve the value of the property in those [districts] 

AREAS AND NEIGHBORHOODS; [and] 

(VII) to preserve the safety of children and other 
pedestrians; and 

(VIII) for the peace, good order, comfort, convenience, and 
welfare of the inhabitants of the City. 

(b) Definitions. 

For the purposes of this [section] SUBTITLE, the following terms 
shall have the meanings listed below: 

(1) "Residential area or [district] NEIGHBORHOOD" [shall 

mean] MEANS a contiguous or nearly contiguous area THAT: 

(I) [containing] CONTAINS ALL OR PART OF A public 
[streets and highways or parts thereof,] STREET OR 
HIGHWAY AT LEAST ONE SIDE OF WHICH IS 
primarily abutted by residential property or BY 
residential and nonbusiness property, including but 



566 



, 



1 998- 1 999 Session Ord. 99-5 1 9 



not limited to schools, parks, churches, hospitals, 
and nursing homes[, which is:]; AND 

(II) CONSISTS OF ONE OF THE FOLLOWING: 

(A) [a. within] an area zoned as a residence 
district, WHICH MAY INCLUDE ANY BLOCK 
FACE THAT ADJOINS THE RESIDENCE 
DISTRICT; [or] 

(B) AN AREA in which an entire block face is 
residential in use, WHICH MAY INCLUDE 
ANY BLOCK FACE THAT ADJOINS THE AREA; 
[or] 

(C) [b. within] an area subject to a recorded 
master plan for subdivision and 
development into an area to be zoned as a 
residence district, where: 

1 . at least [fifty percent (50%)] 50% 
of the development sites have 
been leased or conveyed to 
developers, rehabilitators, 
restorers, or occupants with lease, 
[or] deed, or disposition 
agreement restrictions limiting 
improvements [thereon] to 
residential uses only[,]; 

2. [where] at least [fifty percent 
(50%)] 50% of the planned 
development has been 
completed [,]; and 

3. [where] at least [fifty percent 
(50%)] 50% of the planned 
improvements are in fact used and 
occupied as residences; 

(D) [c. within] the area known as "Little Italy", 
as defined in [Section] § 156(i) of this 
subtitle; [or] 



567 



Ord. 99-520 1 998- 1 999 Session 



(E) [d. within] the area known as "Fells 
Point", as defined in [Section] § 156(j) of 
this subtitle; [or] 

(F) [e. within] the area known as "Cross 
Street", as defined in [Section] § 156(k) of 
this subtitle[.];OR 

(G) [f. within] the area known as "Camden 
Yards Stadium Complex area", as defined 
in [Section] § 156(1) of this subtitle. 

(c) Procedure for designating residential permit parking areas. 

There is established a Residential Permit Parking Program, 
[designed to meet these needs which shall be] available to all 
qualified residential areas or neighborhoods of the City [which are 
zoned residential]. [In order to] To qualify for the Program, [such] 
THESE areas or neighborhoods must meet the criteria set forth 
[herein] IN THIS SUBTITLE [or] AND any additional criteria [to be 
established by] THAT the [Commissioner of Transit and Traffic] 
Director of Public Works establishes [under his rulemaking 
powers and] consistent with the guidelines and standards of this 
[ordinance] SUBTITLE. [Such] RESIDENTIAL PERMIT PARKING areas 
[shall] MAY be established only [after completion of the procedure 
outlined herein. This procedure shall be as follows] IN 
ACCORDANCE WITH THE FOLLOWING PROCEDURES: 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved July 9, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-520 
Council Bill 99-992 



568 



1 998- 1 999 Session Ord. 99-520 

An Ordinance Concerning 

Posting on Public Property — Enforcement 

For the purpose of enhancing the enforcement of the prohibition against 
posting signs on public property, pubUc-utihty property, and certain 
other property; authorizing alternative enforcement by the issuance of 
prepayable environmental citations; providing for notices to remove 
signs and for penalties for failure to comply with those notices; 
clarifying, conforming, and correcting certain related language; and 
generally relating to the prohibition against and required removal of 
signs on public property. 

By repealing and reordaining, with amendments 

Article 19 - Police Ordinances 

Section(s) 1(a) - (d), (f), and 308(e)(3) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 

Article 1 - Mayor. City Council, and Municipal Agencies 

Section(s) 308(e)(3) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 19 — Police Ordinances 

Subtitle — [Signs -] Posting on Public Property 

§ 1. [Signs -] Posting on Public Property. 

(a) Definitions. 

(1) In GENERAL 

In this section, the following terms have the meanings 
indicated. 



569 



Ord. 99-520 1 998- 1 999 SESSION 



[(\)] (2) Person, 

"Person" means any individual, political candidate, 
[registered] political committee, person, firm, partnership, 
association, corporation, company, organization or other entity 
of any kind[;]. 

[(2)] (3) Sign. 

"Sign" includes any bill, poster, placard, handbill, flyer, 
painting, [sign,] notice, advertisement, or other similar object 
or matter [which] THAT contains printed or written matter in 
words, symbols, [or] pictures, or any combination [thereof;] OF 

THEM. 

[(3)] (4) City. 

"City" means the Mayor and City Council of Baltimore. 

(b) Posting prohibited. 

[It is unlawful for any] No person [to] MAY post, place, or affix a 
sign: 

(1) [On] ON any building owned, leased, or controlled by the 
City; 

(2) [On] ON or within the confines of any public park, 
recreation area, or other landscaped grounds owned or 
operated by the City[, or]; 

(3) [upon] ON any flagpole or tree owned by the City; 

[(3)] (4) [On] ON any traffic-control sign or device, including 
but not limited to, stoplights and their standards, stop signs, 
yield signs, one-way street signs, [or] AND any other sign or 
device [which] that directs traffic or controls traffic 
signals, or on the supporting post of [such] ANY TRAFFIC- 
CONTROL sign or device; 






570 



1 998- 1 999 Session Ord. 99-520 



[(4)] (5) [Which] in any way THAT: 

(I) blocks [the] A MOTORIST'S , CYCLIST'S, OR 
PEDESTRIAN'S view of a traffic-control sign or 
device [by motorists or pedestrians in such a 
manner] SO as to create a hazard; 

(II) [(5) Which in any way poses a hazard to motorists, 
pedestrians or cyclists, or] protrudes into a street 
or sidewalk [in such a manner] SO as to interfere 
with the safe passage of the public; OR 

(III) OTHERWISE POSES A HAZARD TO MOTORISTS, 
PEDESTRIANS, OR CYCLISTS; 

(6) [On] ON any other property owned, leased, or controlled by 
the City; or 

(7) [On] ON any pole, building, or property [of whatever 
nature] THAT IS owned, leased, or controlled by a public 
utility [where the same is] AND located within or on any 
public street, [alleyway] ALLEY, or [any] other public 
property. 

(c) Removal of illegal signs. 

(1) FROM City PROPERTY. 

[The] For any sign posted in violation of subsection 
(B)(1) THROUGH (6) OF THIS SECTION, THE Department of Public 
Works [is authorized to] MAY: 

(I) SUMMARILY remove [any sign posted in violation of 
subsection (b)(1) through (6)] THE SIGN; OR 

(II) SEND WRITTEN NOTICE TO THE PERSON RESPONSIBLE, AS 
DESCRIBED IN SUBSECTION (E) OF THIS SECTION, 
ORDERING THAT PERSON TO REMOVE THE SIGN WITHIN 
THE TIME SPECIFIED IN THE NOTICE. 



571 



Ord. 99-520 1 998- 1 999 Session 



(2) From pubuc utiuty property. 

[A] For any sign posted on the property of a public 

UTILITY IN VIOLATION OF SUBSECTION (B)(7) OF THIS SECTION: 

(I) THE public Utility [is authorized to] MAY SUMMARILY 
remove [any sign posted on its property in violation of 
subsection (b)(7)] the SIGN; OR 

(ii) the public utility or the department of public 
Works may send written notice to the person 
responsible, as described in subsection (e) of this 
section, ordering that person to remove the sign 
within the time specired in the notice. 

(d) Liability for costs of removal [of illegally posted signs]. 

(1) In GENERAL 

Any person who posts a sign in violation of subsection (b) OF 

THIS SECTION AND ANY PERSON OTHERWISE RESPONSIBLE FOR 
THE SIGN, AS DESCRIBED IN SUBSECTION (E) OF THIS SECTION, 
[SHALL BE] IS liable to the City or to the public utility, AS THE 
CASE MAY BE, for the costs of: 

(I) [removal of] removing the sign; and 

(II) [for any expense for] repairing any damage [done] 
CAUSED by the [sign] PLACEMENT OR removal OF THE 
SIGN. 

(2) Rules and regulations for City property. 

(I) [In the case of violations relating to City property, the] THE 
Director of [the Department of] Public Works shall adopt 
regulations to provide for the removal of [illegal] signs 
ILLEGALLY PLACED ON CiTY PROPERTY. 

(II) The regulations shall include: 

(A) charges to be assessed [any person] for the costs of 
[removal of] REMOVING illegal signs and repairing 
[of] damages[.]; AND 



572 



1 998- 1 999 Session Ord. 99-520 



(B) [The regulations shall also include] provisions that 
require the Director to report: 

1 . [The] THE name of the person or 
[corporation] entity represented on the 
material removed; 

2. [The] the number of advertisements, 
[signs,] notices, or other [writing or 
printing] SIGNS removed; 

3. [The] THE location of the material; and 

4. [From what] THE type of structure FROM 
WHICH the material was removed. 

(f) [Criminal violation] ENFORCEMENT; PENALTIES. 

(1) Enforcement BY CITATION. 

(I) In addition to any other civil or criminal remedy or 
enforcement procedure, this section may be 
enforced by issuance of an environmental citation 
as authorized by article 1 , §§ 295 through 308 

{ "Environmental Control Board" } of the City Code. 

(II) The issuance of an environmental citation to 

ENFORCE THIS SECTION DOES NOT PRECLUDE PURSUING ANY 
OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT 
ACTION AUTHORIZED BY LAW. 

(2) Criminal PENALTIES. 

Any person who posts a sign in violation of [subsection (b)] 
THIS SECTION OR WHO FAILS TO COMPLY WITH A NOTICE TO 
REMOVE A SIGN POSTED IN VIOLATION OF THIS SECTION [shall be] 
IS guilty of a misdemeanor and, [upon] ON conviction, [shall 
pay] IS SUBJECT TO a fine [not to exceed Five Hundred Dollars 
($500)] OF NOT MORE THAN $500 for each [posted] sign. 

Article 1 — Mayor, City Council, and Municipal Agencies 

Subtitle — Environmental Control Board 



573 



Ord. 99-520 



1998-1999 Session 



§ 308. Violations to which subtitle applies. 

(e) Provisions and penalties enumerated. 

(3) Article 19. Police Ordinances 

§ 1 . Posting on public property $ 1 00 

§4. Baby chicks — sales at Easter $100 

§ 12. Cruelty to animals — abandonment 

of animal $100 

§13. Cruelty to animals — neglect $ 1 00 

§ 14. Cruelty to animals — abuse $200 

§ 20. Drinking in public places $ 50 

§ 28A. Vehicle alarms $100 

§ 32. Horses — inspection, care and treatment $200 

§ 127. Rabbits — importation and sale $100 

§ 157. Obstructions $ 50 

§158. Merchandise projecting from building $ 50 

§ 160. Vehicles on sidewalks $ 50 

§ 171A. Urinating and defecating $100 

§ 172. Rubbish — unlawful to discard $ 50 

§ 174. Truck peddler — trash receptacles 

required $ 1 00 

§ 177. Snow — cleaning required $ 50 

§ 198A. Resale of tickets near sports facilities $ 50 

§221. Noise for entertainment purposes $ 50 



574 



1 998- 1 999 Session Ord. 99-52 1 



§ 222. Commercial advertising — noise $ 50 

§ 228. Market Center — electronically amplified 

sounds containing commercial speech $ 50 

§ 229. Market Center — electronically amplified 

sounds not containing commercial speech $ 50 

Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved July 9, 1999 

Kurt L. Schmoke, Mayor 



City of Baltlmore 
Ordinance 99-521 
Council Bill 99-1054 

An Ordinance Concerning 

Fire and Police Employees' Retirement System — 
Board of Trustees — Composition 

For the purpose of substituting the Chief of the Fire Department for the 
President of the Board of Fire Commissioners as an ex officio member 
of the Board of Trustees; providing for a representative to serve in the 
absence of the Chief; clarifying and conforming certain language; aft4 
generally relating to the Board of Trustees for the Fire and Police 
Employees' Retirement Svstem ; and providing for a special effective 
date. 

By repealing and reordaining, with amendments 

Article 22 - Retirement Systems 

Section(s)33(b)(l), (2), (3), (6) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 



575 



Ord. 99-52 1 1 998- 1 999 Session 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 22 — Retirements 

Subtitle — Fire and Police Employees 

§ 33. Administration. 

(b) [Same; members] MEMBERS. 

The Board [shall consist] CONSISTS of [nine] 9 trustees, as follows: 

( 1 ) The Comptroller of the City of Baltimore, ex-officio[;]. 

(2) The Police Commissioner, ex officio[;]. 

(3) The [President of the Board of Fire Commissioners] Chief 
of THE Fire Department, ex officio[;]. 

(6) (I) [In the event that] If the Police Commissioner does not 
attend any meeting of the Board of Trustees, [he] THE 
Commissioner may be represented by a Chief of the 
Police Department[, with] who HAS administrative 
responsibilities, as designated by the Commissioner. 
[Such] This representative [shall have] has the power 
to act in the COMMISSIONER'S place [of the 
Commissioner]. 

(II) [In the event that] IF the [President of the Board of Fire 
Commissioners] CHIEF OF THE FiRE Department does 
not attend any meeting of the Board of Trustees, [he] 
the Chief may be represented by [another member of 
the Board of Fire Commissioners] AN ASSISTANT 
Chief who has administrative responsibilities, as 
designated by the [President of the Board of Fire 
Commissioners] CHIEF. [Such] THIS representative 
[shall have] HAS the power to act in the CHIEF'S place 
[of the absent ex-officio member]. 



576 



1 998- 1 999 Session Ord. 99-522 



Section 2. And be it further ordained, That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after th e dat e it is e nacted Decembers, 1999 . 

Approved July 9, 1999 

Kurt L. Schmoke, Mayor 



Enrolled 

City of Baltimore 
Ordinance 99-522 
Council Bill 99-934 

An Ordinance Concerning 



Zoning — Conditional Use Convalescent, Nursing, and Rest Home — 
7011-7015 Park Heights Avenue 

For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home ea in units Bl, B2, CK and C2 of the property known as 
701 1-7015 Park Heights Avenue, as outlined in red on the 
accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s)4.5-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home eft in 
units Bl. B2. C Land C2 of the property known as 701 1-7015 Park Heights 
Avenue, as outlined in red on the plat accompanying this Ordinance, in 
accordance with Article 30, §§ 4.5-ld-l and 1 1.0-6d of the Baltimore City 
Code, subject to the following conditions: 



577 



Ord. 99-523 1 998- 1 999 Session 



(1) any chang e in ownership of th e property shall t e rminat e th e 
conditional us e grant e d by this Ordinanc e ; and is not 
transf e rrabl e . If th e own e r of th e entity op e rating the homo 
chang e s, th e n e w own e r must obtain authorization by 
ordinance of City Council; 

(^ (]) there shall be a maximum of 15 residents living in the facility; 

(34 (2) the minimum age for residents shall be 60 years; 

(44 (3) there shall be no more than 1 person per sleeping room; and 

(34 (^ (4) the units of the property comprising the 

convalescent, nursing, and rest home must comply with all 
applicable federal, state, and local licensing and 
certification requirements. 

Section 2. And be it further ordained, That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the 30th day after the date it is enacted. 

Approved November 4, 1 999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-523 
Council Bill 99-953 

An Ordinance Concerning 



Zoning — Conditional Use Convalescent, Nursing, and Rest Home 

3510 Labyrinth Road 



578 



1 998- 1 999 Session Ord. 99-523 



For the purpose of permitting, subject to certain conditions, the 

establishment, maintenance, and operation of a convalescent, nursing, 
and rest home on the property known as 3510 Labyrinth Road, as 
outlined in red on the accompanying plat. 

By authority of 

Article 30 - Zoning 

Section(s)4.1-ld-l and 11.0-6d 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That permission is granted for the establishment, 
maintenance, and operation of a convalescent, nursing, and rest home on the 
property known as 3510 Labyrinth Road, as outlined in red on the plat 
accompanying this Ordinance, in accordance with Article 30, §§ 4.1-1 d-1 
and 1 1 .0-6d of the Baltimore City Code, subject to the condition that 
following conditions: 

(1 ) the maximum number of residents shall be 11; 

(2) the minimum age for residents shall be 60 vears: 

(3) there shall be no more than 2 persons per sleeping room; and 

(4) the home complies must comply with all applicable federal, 

state, and local licensing and certification requirements. 

Section 2. And be it further ordaintd. That as evidence of the 
authenticity of the accompanying plat and in order to give notice to the 
agencies that administer the City Zoning Ordinance: (i) when the City 
Council passes this Ordinance, the President of the City Council shall sign 
the plat; (ii) when the Mayor approves this Ordinance, the Mayor shall sign 
the plat; and (iii) the Director of Finance then shall transmit a copy of this 
Ordinance and the plat to the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the 30th day after the date it is enacted. 



579 






Ord. 99-524 1 998- 1 999 Session 



Approved November 4, 1999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-524 
Council Bill 98-762 

An Ordinance Concerning 

Corrective — Building Code 



For the purpose of correcting errors in the Building Code, by inserting an 
inadvertently omitted word in the provisions dealing with the Building 
Code Official's emergency powers and by clarifying that a court may 
appoint someone other than the petitioner as a vacant building receiver; 
and providing for a special effective date. 

By repealing and reordaining, with amendments 

Article 32 - Building Code 
Section(s) 120.1, 123.9.4 
Bahimore City Code 
(1997 Building Code Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the Laws of Baltimore City read as follows: 

Baltimore City Code 

Article 32 — Building Code 

Chapter 1 — Administration 

120.1 Power of Building Code Official in emergencies: In an emergency 
where life, health, safety, or property is in immediate DANGER, the Building 
Code Official may immediately take any action necessary to protect the 
endangered life, health, safety, or property, without complying with the 
notice provisions. 

123.9.4 Appointment of receiver: If no qualified person with an 
ownership interest requests appointment to rehabilitate the property, or if an 
appointee is dismissed, the court shall appoint [the petitioner as] A receiver 



580 



1 998- 1 999 Session Ord. 99-525 



of the property for the purpose of rehabilitating and managing the property 
or selling it to a qualified buyer. 

Section 2. And be it further ordained. That the catchlines 
contained in this Ordinance are not law and may not be considered to have 
been enacted as a part of this or any prior Ordinance. 

Section 3. And be it further ordained, That this Ordinance takes 
effect on the date it is enacted. 

Approved November 11,1 999 

Kurt L. Schmoke, Mayor 



City of Baltimore 
Ordinance 99-525 
Council Bill 99-990 



An Ordinance Concerning 

Baltimore City Code — ^99^ Edition 2000— Legalization 

For the purpose of legalizing and providing for the effect of the 1999 
Edition 2000 of the Baltimore City Code; making this Ordinance 
subject to a certain contingency; and providing for a special effective 
date. 

Recitals 

Since its incorporation in 1797, the Mayor and City Council of 
Baltimore has caused the City's general ordinances to be regularly 
recompiled in newly edited and corrected editions. Thus, 1801 saw 
publication of Ordinances of the Corporation of the City of Baltimore: with 
the Act of Incorporation and Supplement thereto Prefixed; this was soon 
followed in 1815 by an updated edition, "compiled and prepared ... by 
Samuel Young". Subsequently, a [Revised] Ordinances of the Mayor and 
City Council of Baltimore; to which is Prefixed a Collection of Acts and 
Parts of Acts of Assembly, Relating to the Corporation, was published in 
1838; new editions of Revised Ordinances appeared in 1850 and 1858. 

In 1868-69, the then-extant laws were compiled, revised, annotated, and 
— for the first time — formally organized and codified into articles and 
sections by Lewis Mayer, Esquire, 'Compiler of the City Code". By 

581 



Ord. 99-525 1 998- 1 999 Session 



Ordinance 1869-063, the Mayor and City Council legalized this code, and it 
was published under the title. The Baltimore City Code: Comprising the 
Statutes and Ordinances Relating to the City of Baltimore. A revised 
edition, also by Mayer, was legalized less than 10 years later by Ordinance 
1879-005 and published as, The Baltimore City Code: Comprising the Laws 
of Maryland Relating to the City of Baltimore, and the Ordinances of the 
Mayor and City Council. 

Subsequent recodifications ensued routinely: in 1893, as "codified" by 
John Prentiss Poe and legalized by Ordinance 1893-216; in 1906, as 
''compiled" by Charles Pielpert, "under the direction of W. Cabell Bruce, 
City Solicitor, by authority of Ordinance 1905-010; in 1927, as "codified" 
by Horace E. Flack, Director, Department of Legislative Reference, and 
legalized by Ordinance 1927-092; in 1950, as codified also by Flack and 
legalized by Ordinance 1950-1490; in 1966, as "edited" by Carl N. 
Everstine, Director, State Department of Legislative Reference, and 
legalized by Ordinance 1966-774; and, most recently, in 1976, as 
"prepared" by Leon A. Rubenstein and Joanne Nathans, Department of 
Legislative Reference, and legalized by Ordinance 1977-321 (with a 
subsequent 1983 Replacement Volume, "prepared, edited, and published" 
by the City Department of Legislative Reference, legalized by Ordinance 
1983-992). 

Thus, from 1797 through 1976, a new compilation or code edition was 
prepared and published, on average, once every 13 years or so. In contrast, 
some 23 years have passed since the most recent edition of the City Code 
was published — a period that has seen a considerable amount of new and 
complex legislation. 

The Department of Legislative Reference has recently undertaken a 
code revision project, designed to restate, consolidate, reorganize, correct, 
and clarify the City Code (with, as Mark Twain once put it, "here and there 
a touch of good grammar ... for picturesqueness"). The first products of that 
effort are a revised Zoning Code and a revised Health Code. 

This revision project, however, will take a few years to complete. In the 
meantime, a new edition of all as-yet-unrevised Code provisions remains 
long overdue. The current, 1976 edition comprises an out-of-print 
replacement volume, a separately published building code, a 2-volume 
cumulative supplement, and an already-outdated. 1 -volume interim 
supplement — virtually none of which is in a searchable computer base. A 
new edition is needed to provide the Mayor and City Council of Baltimore 



582 



1 998- 1 999 Session Ord. 99-525 



and — especially — the general public with a consolidated, searchable, and 
generally "user-friendly" statement of all existing laws. 

To that end, the Department of Legislative Reference has prepared a 
recodification that reorganizes the current Code by subject matter, 
subdividing it into smaller, more easily read and understood statutory units, 
correcting typographical errors, emending punctuation, conforming cross- 
references and related terminology, updating references to defunct agencies, 
and the like — while otherwise carefully retaining the precise wording and, 
therefore, substance of the law as previously enacted. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the 4^^ new Edition 2000 of the Baltimore City Code, 
as prepared, edited, and published by the Baltimore City Department of 
Legislative Reference, is legalized. It is and may be taken by all public 
officials and others as evidence of all general ordinances of the Mayor and 
City Council of Baltimore in effect on December 8 , 1999 . or enacted on or 
before December 8, 1999, with an effective date on or after December 9, 
1999 . 

Section 2. And be it further ordained. That i f, during the current 
Council S e ssion, any subsequent legislation is enacted to add to or amend 
the 1976/83 Code Edition, the Director of Legislative Reference shall 
incorporate that legislation into the 1999 new Code Edition 2000 . For this 
purpose, the Director of Legislative Reference may correct numeration, 
capitalization, cross-references, spelling, and non-substantive grammar and 
punctuation errors, as necessary or appropriate, and may renumber and 
recaption sections, subsections, paragraphs, and other statutory units to 
conform to the organization of the 1999 new Code Edition 2000 . 

Section 3. And be it further ordained. That this Ordinance takes 
effect on the dat e it is enacted the same date as the later to become effectiv e 
of Council Bill 99-830 ("Revised Code — Zoning"! and Council Bill 99- 
855 ("Revised Code — Health"}, contingent on the enactment of both those 
bills. If either Council Bill 99-830 or Council Bill 99-855 is not enacted, 
this Ordinance will be void without the need for further action by the Mayor 
and City Council. 

Approved November 11,1 999 

Kurt L. Schmoke, Mayor 



583 



Ord. 99-526 1 998- 1 999 SESSION 



City of Baltimore 
Ordinance 99-526 
Council Bill 99-991 

An Ordinance Concerning 

Baltimore City Code — 1976 Edition — Repeal of Obsolete Provisions 

For the purpose of repealing certain provisions of the City Code that have 
been preempted or superseded by other laws or that are archaic, 
obsolete, redundant of other provisions, or otherwise no longer needed; 
correcting, clarifying, and conforming certain language; and generally 
relating to preempted, superseded, archaic, obsolete, redundant, or 
otherwise unneeded statutes. 

By repealing 

Article 1 - Mayor, City Council, and Municipal Agencies 
Section(s) 14A, 47, 53, 54, 80, 81, 83, 84, 141, 182(e), 182.1 through 

182.12 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Article 6 - Courts 

In its entirety 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Article 9A - Forest and Tree Conservation 

Section(s) 1-1 (c), (m), (u), (w) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Article 10 - Harbors, Docks, and Wharves 

Section(s) 72, 78 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Article 15 - Licenses 

Section(s) 17, 19, 31(d), 41 through 50, 53, 71, 75(c), 98, 100(g), 

101(f), 106, 131, 142 through 145 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 



584 



1 998- 1 999 Session Ord. 99-526 



Article 1 8 - Museums and Art Galleries 

Section(s)9, 13, 14 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Article 1 9 - Police Ordinances 

Section(s) 22A(a)(4) and (7), 24 through 26, 35, 49 through 52, 82, 83, 

85E, 131 A, 134 through 139, 244 through 248 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Article 24 - Schools 

Section(s) 22 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Article 25 - Sewers 

Section(s) 1(c), (j) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Article 26 - Streets and Highways 

Section(s) 42, 1 14, 11 8(3), (4), (6A), (8 A), (8B), (8C), (21), (24), (26), 

and (34) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

Article 28 - Taxes 

Section(s) 13(e), 48, 49, 68(c)(5), 70, 71, 72(c) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Article 3 1 - Transit and Traffic 

Section(s) 29, 30, 40, 41, 63 through 66, 76(b), 146 , 155(b) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 
Section(s) 30, 37(a), 40(d), 51(a), 143(b), 162, 183(b)(1), 21 1(a)(4), 

230(b), 244(e) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 



585 



Ord. 99-526 1 998- 1 999 SESSION 



Article 4 - Community Relations 

Section(s) 15(b) 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

Article 1 3 - Housing and Urban Renewal 

Section(s) 33B(e), 40, 77(d)(1) J 

Baltimore City Code " 

(1983 Replacement Volume and Supplements) 

Article 1 5 - Licenses 

Section(s) 8, 10,